Centre reiterates opposition to gay marriages | India News – Times of India

NEW DELHI: Recognizing marriage between “only a biological man and a biological woman” under Indian law, the Center told the Delhi High Court on Monday, reiterating its position.
Solicitor General Tushar Mehta filed before a bench of Chief Justice DN Patel and Justice Jyoti Singh, “As the law stands … personal law has been settled, and marriage, which is supposed to be between a biological man and a biological woman.” Opposing the petition seeking recognition / registration of same-sex marriage.
Mehta echoed the government’s earlier position in an affidavit that “husband” means husband or wife and “marriage” is a term associated with heterosexual couples.
“The problem here is whether marriage between gay couples is legal. Your masters have to see that. There are some misconceptions about the Navtej Singh Johar case. It only convicts consensual gay law. It doesn’t talk about marriage,” Mehta added. There is no need for the Center to file any specific reply regarding that citizenship law, which has also been called for by certain petitioners.
The bench also held hearings on behalf of the petitioners. Advocate Karuna Nandi, appearing for one of the couples, said they were married in New York and the laws that apply are the Citizenship Act, the Foreign Marriage Act (FMA) and the Special Marriage Act.
He noted that the center has not yet submitted a response to his client’s appeal that highlights how the citizenship law was silent on the wife’s gender and sexuality.
Senior lawyer Sourav Kirpal, representing another set of petitioners, said the Supreme Court’s ruling on homosexuality did not explicitly allow same-sex marriage, but an explanation of constitutional jurisprudence was needed and the verdict was in favor of recognizing it.
The High Court has listed for final hearing all the petitions involving two same-sex couples seeking to recognize their reunion under the Special, Hindu and Foreign Marriage Act. This allows teams to reply and post the matter for November 30th.
The petitions were also filed by two men who were married in the United States but their marriage was denied registration under the FMA. Another petition seeks to allow a foreign-born spouse of an OCI cardholder to apply for OCI registration, regardless of gender or sexual orientation.
Other petitioners have claimed that homosexuality has been declared criminal by the Supreme Court, but same-sex marriage is still not allowed under the Hindu Marriage Act.


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