Supreme Court Issues Notice On Plea To Recognise Same-Sex Marriage Under Hindu Marriage Act & Foreign Marriage Act
Supreme Court Issues Notice On Plea To Recognise Same-Sex Marriage Under Hindu Marriage Act & Foreign Marriage Act
The Supreme Court on Wednesday issued observe on a plea with the aid of using a homosexual couple in search of prison reputation in their marriage in India.
A bench presided with the aid of using Chief Justice of India D Y Chandrachud issued observe at the plea with the aid of using a 46-year-vintage Indian national, who stated he had were given married to a US citizen in September 2010 withinside the US and registered their marriage in Pennsylvania, USA, in June 2014.
The duo, citizens of Pune, stated their tries to get their marriage registered beneathneath the Hindu Marriage Act, 1955, got here to a naught because the Registrar of Marriages refused to provide their request.
They stated they eventually wrote to the Indian embassy in Washington DC, in search of to sign in the wedding beneathneath Foreign Marriage Act, 1969, however that request changed into additionally became down.
The plea earlier than SC, filed via endorse Nupur Kumar, contended that this amounted to violating the petitioners’ rights beneathneath Articles 14, 15, 19 and 21 of the Constitution of India, which the Supreme Court had held are “assured to LGBT and non-LGBT Indians with same force” in Navtej Shingh Johar v Union of India case, in which the courtroom docket decriminalised identical-intercourse relations.
The petition entreated the courtroom docket “to problem a announcement to the impact that people belonging to LGBTQIA+ Community have the identical proper to marriage as their heterosexual counterparts, and a denial, therefore, is violative of the rights assured beneathneath Articles 14, 19, and 21 of Part III of the Constitution, and upheld in diverse judgments of SC…”
The bench additionally issued observe on some other plea to switch a plea pending earlier than Delhi High Court, in search of reputation of identical-intercourse marriages.
On November 25, the SC had issued observe on a plea with the aid of using homosexual couples in search of reputation of identical-intercourse marriage beneathneath Special Marriage Act, 1954.
