Law recognises marriages between only biological man and biological woman: Centre to Delhi High Court

The Central government on Monday submitted before the Delhi High Court that, as the law stands in India, marriage can only be between a biological man and biological woman..The submission was made by Solicitor General (SG) Tushar Mehta before a Bench of Chief Justice DN Patel and Justice Jyoti Singh, which was hearing a batch of petitions seeking recognition of same-sex marriage or queer marriages under various laws such as Hindu Marriage Act, the Special Marriages Act and the Foreign Marriage Act..Mehta told the court that the issue involved here is whether marriage is permissible between homosexual couples. .“There is a misconception based on Navtej Singh Johar case. It merely decriminalizes (same-sex relations). It does not talk about marriage…the law is settled, personal laws are settled. Marriage which is contemplated is between a biological man and a biological woman,” Mehta said..Senior Advocate Saurabh Kirpal, appearing for a petitioner, disagreed and submitted that the Navtej Singh Johar judgment has to be interpreted in a different manner. .Meanwhile, advocate Karuna Nundy, appearing another petitioner, said that her case is on a distinct question concerning the Foreign Marriages Act. When a couple gets married in a country where same sex marriage is allowed, such couple should be allowed to register their marriage in India, she said. . “Our case here is that there is no such requirement (of spouse and bride being of different genders) ... My petition is, in addition, on a separate question. There is no requirement under law of a "biological man" or "biological woman" or either of "bride" or "groom" (under the relevant Acts)” Nundy said..The Court was informed that the pleadings are yet to be filed by the respondents. However, Mehta said that the pleadings are complete. The Court, therefore, listed the petitions for further hearing on November 30."In the meantime if anyone wants to file a reply or rejoinder they may do so," the Chief Justice said..The Centre had earlier also argued that the despite the decriminalization of Section 377 of the Indian Penal Code (IPC), there is no fundamental right of 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

Law recognises marriages between only biological man and biological woman: Centre to Delhi High Court

Prashant Jha

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