Journalism of Courage
This is an archive article published on December 15, 2022
Supreme Court notice to Centre on plea for legal nod to same-sex union
A bench presided by Chief Justice of India D Y Chandrachud issued notice on the plea by a 46-year-old Indian national, who said he had got married to a US citizen in September 2010 in the US and registered their marriage in Pennsylvania, USA, in June 2014.
On November 25, the SC had issued notice on a plea by two gay couples seeking recognition of same-sex marriage under Special Marriage Act, 1954.
Listen to this article
Supreme Court notice to Centre on plea for legal nod to same-sex union
x
00:00
The Supreme Court on Wednesday issued notice on a plea by a gay couple seeking legal recognition of their marriage in India.
A bench presided by Chief Justice of India D Y Chandrachud issued notice on the plea by a 46-year-old Indian national, who said he had got married to a US citizen in September 2010 in the US and registered their marriage in Pennsylvania, USA, in June 2014.
The duo, residents of Pune, said their attempts to get their marriage registered under the Hindu Marriage Act, 1955, came to a naught as the Registrar of Marriages refused to grant their request.
They said they subsequently wrote to the Indian embassy in Washington DC, seeking to register the marriage under Foreign Marriage Act, 1969, but that request was also turned down.
The plea before SC, filed through advocate Nupur Kumar, contended that this amounted to violating the petitioners’ rights under Articles 14, 15, 19 and 21 of the Constitution of India, which the Supreme Court had held are “guaranteed to LGBT and non-LGBT Indians with equal force” in Navtej Shingh Johar v Union of India case, wherein the court decriminalised same-sex relations.
The petition urged the court “to issue a declaration to the effect that persons belonging to LGBTQIA+ Community have the same right to marriage as their heterosexual counterparts, and a denial, therefore, is violative of the rights guaranteed under Articles 14, 19, and 21 of Part III of the Constitution, and upheld in various judgments of SC…”
The bench also issued notice on another plea to transfer a plea pending before Delhi High Court, seeking recognition of same-sex marriages.
Story continues below this ad
On November 25, the SC had issued notice on a plea by two gay couples seeking recognition of same-sex marriage under Special Marriage Act, 1954.
© The Indian Express Pvt Ltd
Advertisement
Loading Recommendations...
Advertisement
Live Blog