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The Delhi High Court today refused to pass any direction in a plea to direct the Central Government to recognize the relationship of members of the LGBT community by making appropriate laws in relation to marriage, adoption, divorce, etc.
Petitioner-in-person Tajinder Singh had also sought a direction to the Centre to constitute an LGBT Commission in Delhi for the upliftment and welfare of members of LGBT community.
After briefly hearing the petitioner, a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar remarked that drafting of laws was the prerogative of the Legislature.
“…This Court will be slow in giving directions (to the Government) to formulate policy..”, the Bench added as it dismissed the petition.
The Court nonetheless clarified that if the Centre “chooses to constitute” an LGBT Committee, it would be permitted to do so.
The petitioner asserted that in spite of the “stamp of legality” on the identity of the LGBT community in India, the members of the community were still trying to change the status quo. He had thus moved the Court with a view to helping members of LGBT community regain their respect and place in the society by securing equal rights for them.
It was thus argued that in order to change the existing social norms, it was important to give recognition to the LGBT relationships by making laws on marriage and adoption for members of the community. The petition stated,
“..the members of LGBT community have fundamental rights i.e. to get equal treatment in society and by not providing law, rules and regulation for registration of marriage etc., the state is discriminating among the citizens of India on the basis of gender; and whereas right to get married is one of the precious part under Right to Life i.e. Article 14 and 21 of the Constitution of India…”
The petitioner also sought the reformation of the community by eradicating the problems of fear, shame, dysphoria, social pressure, depression, social stigma etc.