On Wednesday, a Judicial bench comprises R.S.Endlow and Asha Menon had issued a notice to central government and Delhi Government for the legal recognition of same-sex marriages under the provision of Special Marriage Act and Foreign Marriage Act. The court asked the Government's response in the context where two same-sex married couples filed a separate petition on the matters relating to registration of marriage under the law.
"The laws are gender-neutral. Please try to interpret the law for the citizens of Sanatan Dharma in the country. This is not adversarial litigation. It is for the rights of every citizen in the country" Justice Asha Menon said to both the Governments. In the separate petition filed by two married couples, it is saying that the non- recognition of marriage between same-sex couples is violating the Fundamental Rights of LGBTQ community and their Right to Live. Another petition filed by defence analyst Abhijit Iyer Mitra and three others is on hearing process. Tushar Mehta the Solicitor General appearing for the Centre raised his concern that "Same-sex marriages are not good for our culture and it is against law".
Delhi High Court seeks the centre's attention to applying in SMA and FMA regardless of one's gender identity and sexual orientation. The Judicial bench said, "Marriage under Indian Law is customary. There was no interfaith marriage, and we came up with a special statute. Once the concept of marriage was understandable same-sex marriages would be followed in other statutes."
One petition was filed by two women who are living together for 8 years and the other plea was moved by two men who are living in the United States and they got married there. Under the Foreign Marriage Act, their marriage is denied.
In the plea produced by two women, it says that "Petitioners relationship is not recognized when they need to apply for address verification of their passport or apply for joint bank account or own assets". The plea further added that "They wish to have the protection of their rights that marriage provides, petitioners are not trying to get authorities to acknowledge their relationship for every entitlement".
The plea put forward by two men says that Indian Consulate in New York rejected their marriage registration because they belong to same-sex. They have with an opinion that it has failed the Foreign Marriage Act to address the same-sex marriage issues. They further add that Right to Marry a person is a provision that comes under Article 21 of the Indian Constitution, that ensures Right to Life and Liberty. In the plea, they have officially clarified that the non-recognition of same-sex marriage is the violation of this Fundamental Right.