Sanika Deshpande –
Published On: October 26, 2021 at 11:50 IST
The Union Government informed the Delhi High Court that decriminalising Homosexuality has nothing to do with same-sex Marriages.
It was also stated that a valid Marriage can only take place between a biological man and a biological woman.
Solicitor General Tushar Mehta told a bench of Chief Justice DN Patel and Justice Jyoti Singh that “The law is settled, either with or without the Navtej Johar case (a reference to the judgement decriminalising homosexuality). The law is settled, personal laws are settled and marriage, which is contemplated, is between a biological man and biological woman.”
The High Court listed for the final hearing of all Petitions, which include two same-sex couples who are seeking a declaration recognising their marriage under the Special Hindu and Foreign Marriage Laws.
The matter is further posted for November 30.
Further, the other Petitioners have contended that homosexuality has been decriminalised by the Supreme Court, but same-sex marriages are still not allowed under the Hindu Marriage Act.
The Centre opposed the Pleas by saying that a marriage between a biological man and a biological woman capable of producing children is only valid. It strongly opposed the validation of same-sex marital unions.
Also Read: Delhi High Court issues Notice to Centre on Plea for Legal Recognition of Same-Sex Marriage
LGBTQ Rights in India and Acknowledgment