Opposing an application seeking live streaming proceedings of 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 the violation of any fundamental right is 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 has said. “The purpose of the applicant appears to be malafide as he is trying to get unnecessary publicity and to invite unwanted public attention,” the Centre said in its reply. There have been many matters of national importance where live streaming was never requested or allowed by the court, it said. The court in November last year had asked the Centre to respond to the application for live streaming of the proceedings in the case. At least eight petitions are pending before the court 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” and.having sexual relationship by same-sex individuals is “not comparable” with the “Indian family unit concept”. It also said that there exists a “legitimate state interest” in limiting the recognition of marriage to persons of opposite sexes only.
