Delhi High Court adjourns plea for recognition of same-sex marriage; Centre says "nobody dying" because they don't have marriage certificates

The Delhi High Court on Monday adjourned till July 6 petitions to recognise same-sex marriages under the Hindu Marriage Act, Special Marriage Act and Foreign Marriage Act. (Abhijit Iyer Mitra & ors vs UOI, Dr Kavita Arora & anr vs UOI, Vaibhav Jain & Anr vs UOI, Udit Sood and Ors. v. Union of India and Anr)..Central government sought an adjournment on the ground that as per a High Court circular issued in view of the ongoing COVID19 pandemic, only "extremely urgent matter" were being heard. .Offering a personal explanation to Division Bench of Justices Rajiv Sahai Endlaw and Amit Bansal, Solicitor General Tushar Mehta said, "Law officers are struggling with COVID issues. Right now, as government, our focus is on real urgent issues." .Appearing for one of the petitioners, Senior Advocate Saurab Kirpal, however responded, "Government is to be neutral with respect to urgency. It is for the court to decide..".Senior Advocate Menaka Guruswamy, appearing for another petitioner, argued that the matter required urgent hearing as it affected the daily lives of lakhs of people in the country. ."We are left out in hospitals, medical treatment..", she said.."You don't need marriage certificate for hospitals..Nobody is dying because they don't have marriage certificate.", SG Mehta stated. .An issue was also raised by SG Mehta with respect to the roster of the Division Bench hearing the petitions. .Senior Advocate Guruswamy said that the matters were sent by the Chief Justice's Bench to the present Bench. .Even as Kirpal urged the Court to take up the petitions next week after clarity is obtained on issue of roster, the Court proceeded to adjourn the hearing till July. .UOI may obtain clarification with respect to the roster, the Court said. .Central government has opposed the petitions on the ground that in spite of decriminalisation of homosexuality under Section 377 of the Indian Penal Code, there was no fundamental right of same-sex marriage..It said that fundamental right under Article 21 is subject to the procedure established by law and the same cannot be expanded to extend to include the fundamental right for a same-sex marriage..[Breaking] No fundamental right of same-sex marriage, legal recognition can't be given by court: Central government tells Delhi High Court

Delhi High Court adjourns plea for recognition of same-sex marriage; Centre says "nobody dying" because they don't have marriage certificates

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