Delhi HC asks Centre to respond to plea seeking live streaming of proceedings on same-sex marriage petitions
Nov 30, 2021
New Delhi [India], November 30 : The Delhi High Court on Tuesday issued notice to Central Government on an application seeking live streaming of proceedings on petitions for recognition of 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.
Senior Advocate Neeraj Kishan Kaul appearing for the petitioner filed an Intervention Application (IA) seeking Court's direction for live streaming of the proceedings.
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.
The bench of Justice DN Patel and Justice Jyoti Singh on Tuesday issued notice on plea to the Central Government and fixed the date for February 3, 2022, for further hearing. The bench granted time to Centre's Counsel to take instructions on the issue.
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.
On Tuesday, Court 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, has 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 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.
The plea was filed by advocates Mukesh Sharma and Raghav Awasthi. The advocates had said that the petitioners have filed the petition for enforcement of their Fundamental Rights as granted under the Constitution of India.
