Centre to Delhi HC: Plea seeking live relay of same-sex case hearings for sympathy

The government also said that neither there is violation of any fundamental right involved in the case nor it is a matter of national importance. Majority of the Indian population is “not very much affected” by the case, it said.

The court in November 2021 had sought Centre’s response on the plea for live streaming of proceedings in the case.

Opposing an application seeking live streaming of proceedings in the petitions seeking legalisation of same-sex marriages in India, the Centre has told the Delhi High Court that the plea was “aimed at creation of a dramatic impression of the proceedings and to win sympathy”.

The government also said that neither there is violation of any fundamental right involved in the case nor it is a matter of national importance. Majority of the Indian population is “not very much affected” by the case, it said. “The purpose of the applicant appears to be malafide as he is trying to get unnecessary publicity,” the Centre said in its reply.

The court in November 2021 had sought Centre’s response on the plea for live streaming of proceedings in the case. At least eight petitions are pending, seeking legalisation of same-sex marriages under the Hindu Marriage Act, the Special Marriage Act, the Foreign Marriage Act, and a declaration that the right to legal recognition of a same-sex marriage is the fundamental right under Articles 14, 15, 19 and 21 irrespective of a person’s gender, sex or sexual orientation.

Senior Advocate Neeraj Kishan Kaul, representing petitioners in one of the pleas, had submitted that the issue concerns about 7-8 percent of the population and live streaming should be permitted.

Seeking dismissal of the petitions seeking legalisation of same-sex marriages, the Centre in February 2021 had argued that a marriage in India necessarily depends upon “age-old customs, rituals, practices, cultural ethos and societal values”. It also said that there exists a “legitimate state interest” in limiting the recognition of marriage to persons of opposite sexes only.

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