Delhi HC asks Centre to file reply in 2 weeks in plea for live streaming proceedings over recognition of same-sex marriages
Mar 31, 2022
New Delhi [India], March 31 : The Delhi High Court on Thursday asked the Centre to file its response in two weeks' time in an application seeking live streaming of proceedings on petitions concerning the recognition of same-sex marriages under the special, Hindu and foreign marriage laws.
The Bench of Justice Vipin Sanghi and Justice Navin Chawla asked the respondent Centre Government to make it's stand clear after noting that the notice was issued in the matter in November 2021 but no reply has been filed in the matter yet.
The Delhi High court is examining a batch of petitions filed by several same-sex couples, seeking a declaration recognising same-sex marriages under the special, Hindu and foreign marriage laws. Petitioner stated that it is a matter of "national importance" and live streaming can affect a larger population.
The matters were listed for hearing on Thursday, later deferred for May 17 by the Delhi High Court.
Senior Advocate Neeraj Kishan Kaul appearing for one of the petitioners had filed an Intervention Application (IA) sought Court's direction for live streaming of the proceedings.
Earlier, the court had issued notice to the Centre Government. The petitioner stated that live streaming of proceedings is necessary as the matter is concerned with around seven to eight per cent of the total population of the nation.
The court earlier also issued notice on two petitions in this regard. The first petition was filed by two females, who have already solemnized their marriage and the second petition was filed by a transgender who has undergone sex reassignment surgery.
Centre had earlier told Delhi High Court that the acceptance of the institution of marriage between two individuals of the same gender is neither recognized nor accepted in any uncodified personal laws or any codified statutory laws.
Centre in its reply to various petitions seeking recognition of same-sex marriages under the Hindu Marriage Act, the Special Marriage Act and the Foreign Marriage Act, had opposed it saying that pleas are "unsustainable, untenable and misplaced."
Centre in its reply said that "marriage" is essentially a socially recognized union of two individuals which is governed either by uncodified personal laws or codified statutory laws.
One of the petitions also urged the Delhi High Court to issue a declaration to the effect that since Section 5 of the Hindu Marriage Act of 1956 does not distinguish between homosexual and heterosexual couples, the right of same-sex couples to marry should be recognized under the said Act.
