Plea Filed In Delhi HC Seeking Direction For Registering Same-Sex Marriage Under Religion Neutral Or Secular Law

The matter was listed for further hearing on February 3, 2022 along with pending matters. 

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New Delhi: An Intervention Application was filed in the Delhi High Court to seek direction for registering same sex marriage under either religion neutral law or secular law, reported ANI. The two judge bench committee consisting of Justice DN Patel and Justice Jyoti Singh said on Friday that the bench will hear Intervention Application along with the pending batch of petitions seeking recognition of same sex marriage under foreign, Hindu and sepcial marriage laws. 

The matter was listed for further hearing on February 3, 2022 along with pending matters. 

The application was filed by Sanjeev Newar, Swati Goel Sharma on behalf of their organisation Sewa Nyay Utthan Foundation through Advocate Shashank Shekhar Jha. The application stated that “in the matter of recognition of same-sex marriage, the marriage either be registered under secular law like Special Marriage Act or must be allowed under all religious laws such as Muslim Marriage Law and Sikhs' Anand Marriage Act. It must be made religion-neutral.”

The application further stated, “The petitioner organization have objections to the registration of such marriages under the Hindu Marriage Act as this Act is directly derived from Hindu dharmic texts such as Ved and Upanishads, where a marriage is defined as allowed between a biological male and a biological female only. The petitioners have stated no objection if such marriages are registered under acts other than the Hindu Marriage Act such as Special Marriage Act and Foreign Marriage Act. If it must be registered under Hindu Marriage Act, it must happen for all religions.”

The plea also stated, “Before the court decided in favour of same-sex marriages for Hindus, it must first consider the systems where the marriage is merely a 'civil contract' such as Nikah. The petitioners also state that before allowing registration of same-sex marriages for Hindus who have a more than 10 thousand-year history, it must begin with newer faiths such as Muslims (1400 years old), Christians (2000 years old), Parsi (2500 years old).”

An application was filed seeking live streaming of the proceedings on the same sex marriage under foreign, special and Hindu laws. Following the application, the Delhi High Court recently issued notice to the Central Government regarding the same. 

Earlier, the Centre had responded to the Delhi High Court in which it said that the acceptance of institution of marriage between two individuals of the same gender was neither recognised nor accepted in any uncodified personal laws or any codified statutory laws. 

Responding to various petitions, the Centre has opposed recognition of same sex marriages under the Hindu, Special and Foreign Marriage Act terming the pleas as unsustainable, untenable and misplaced.