Plea in Delhi HC opposes legalisation of same-sex marriages under Hindu Marriage Act

What is the news?

A plea, by an NGO, before the Delhi High Court, has sought that same-sex marriages should not be permitted under the Hindu Marriage Act.

Background: The plea comes at a time when at least eight petitions seeking legalisation of same-sex marriages in India under the Hindu Marriage Act (HMA), the Special Marriage Act and the Foreign Marriage Act, are pending before the High Court.

They have also sought a declaration that legal recognition of same-sex marriages is a fundamental right.

It must be noted that in 2018, the Supreme Court overturned a previous judgment and ruled that consensual homosexual sex was not a criminal offence.

However, same-sex marriages are yet to be recognised in the country.

What are the key points in the petition?

The NGO has stated that,

Under the Hindu customs, two people of opposite sex can marry to give sanity to the family system and purpose of legitimacy to children.

Any attempt to tinker with Hindu Marriage Act in a way that it affects the age-old harmless beliefs of Hindus will be a direct intrusion by secular state into the religious right of Hindus that is guaranteed by the Constitution.

The petition seeking recognition of same-sex marriage under HMA was not reasonable when at the same time it was not permitted under the marriage laws pertaining to other religions.

Judicial interference will cause complete havoc with the delicate balance of personal laws.

Source: This post is based on the article “Plea in Delhi HC opposes legalisation of same-sex marriages under Hindu Marriage Act” published in The Indian Express on 4th Dec 2021.

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