We’ve Legalised Homosexuality, then What’s Stopping Us from Allowing Same-Sex Marriage?
India took a step in the right direction in 2018 by striking down Section 377 and decriminalising homosexuality. However, when it comes to giving more rights to members of the LGBTQIA+ community, progress has been stunted. On Monday, the Centre opposed a plea filed before the Delhi High Court seeking recognition of same-sex marriage under the Hindu Marriage Act, 1956.
Solicitor General Tushar Mehta, on behalf of the government, said that such marriages were not recognised under the “Indian culture or Indian law”.
Challenging the petition, SG Tushar Mehta argued that same-sex marriages are neither part of our culture, nor part of our law
'Navtej Jauhar simply decriminalised homosexuality, nothing more or less', he argued@MenakaGuruswamy @KirpalSaurabh #LGBTQ
— Live Law (@LiveLawIndia) September 14, 2020
Mehta said that a marriage could happen only between “a husband and a wife” and that several statutory provisions have to be altered to allow same-sex marriages. “My legal take is that it is not permissible,” he said during a hearing in the Delhi High Court. He added that “our law, our legal system, our society, our values do not recognise” same-sex marriages.
SG Tushar Mehta argues that the Hindu Marriage Act itself doesn't recognise same-sex marriages.
'As per law, marriage is only between a husband and a wife', he argues#LGBTQ
— Live Law (@LiveLawIndia) September 14, 2020
The Bench comprising Chief Justice DN Patel and Justice Prateek Jalan pointed out that “changes are happening across the world” and that we should view the petition with an open mind. Mehta maintained that the 2018 Supreme Court judgement in Navtej Singh Johar’s case was only to decriminalise consensual homosexual activities, “nothing more, nothing less”.
Tushar Mehta argues that SC in Navtej Jauhar only decriminalises homosexuality, nothing more or less.
'This matter doesn't even deserve filing of an affidavit', he argues#LGBTQ
— Live Law (@LiveLawIndia) September 14, 2020
The plea was filed by four members of the queer community stating that the non-registration of same-sex marriage was a violation of right to equality and right to life. “In the 21st century, there is no reason that same-sex couples should not enjoy the same rights as others,” said Raghav Awasthi, advocate for the petitioners.
“Equality is important. We have people from the diverse LGBTQIA+ communities who are refused by registrars to accept or register their marriage ceremonies. I want to marry my partner, too, and register our relationship,” said Gopi Shankar, one of the petitioners.
Delhi HC to hear PIL on same-sex marriage
(report by Dhrubo Jyoti)https://t.co/ivGco1ZALH pic.twitter.com/EQAlD5fAEP
— HT Delhi (@htdelhi) September 14, 2020
In 2o20, the Solicitor General’s arguments opposing same-sex seems archaic and have received criticism on social media.
How does one find the stomach to make such a flawed, ill-informed argument??? https://t.co/ZpzBmNQOyg
Shared by Indian Express android app.
Click here to download https://t.co/EIjeTaCHtx— Shivangi Sharma (@shivangis23) September 14, 2020
The only change in mindset is about adopting to digital, not about recognizing and adapting to some of the other changes happening globally..
"Our Laws, Values Don't Recognise Same-Sex Marriage": Centre To Courthttps://t.co/WrFcwQdk9K
— Shubham Mukherjee (@Shubhm) September 14, 2020
If your laws and values don't recognise same-sex marriage, then your laws must be rewritten and your values belongs to the dustbin of history.https://t.co/UEixAdkYxn
— Siddharth🌹 (@DearthOfSid) September 14, 2020
But some still have hope.
‘Our values don’t recognise same-sex marriage’: Centre tells Delhi HC | Indian Express
Will be dragged into modernity eventually. Just like on 377. https://t.co/EJBZDa0XiA
— Aakar Patel (@Aakar__Patel) September 14, 2020
On social media, #YesHomoVivah started trending in solidarity with members of the LGBTQIA+ community.
If you see this please reply with #YesHomoVivah to oppose #NoHomoVivah because India's trying to criminalise same sex marriage (it's already illegal) and it's taking away their basic rights, even though I don't live in India it hurts to see such ignorance
SO PLEASE pic.twitter.com/M7FqV9N44g— 𝓽𝓪𝓶𝓪𝓷𝓷𝓪²⁸𝗰𝗹𝗮𝗶𝗺𝘀 𝗲𝗻𝘁𝗶𝗿𝗲 𝗭𝗠𝟯 (@ONLYTHEGXLDEN_) September 14, 2020
"All i know at the end of the day
Is you love who you love
There aint no other way"#YesHomoVivah pic.twitter.com/2YOBioxP7q— Nuha ~stream walls~ (@tommostylessx) September 14, 2020
The case has been adjourned to October, asking the petitioner counsel to bring out instances of people who are aggrieved at the non-registration of same-sex marriages. The fight is long, and one hopes we, as a society, end up on the right side of history when it comes to giving our fellow citizens the equal rights they deserve.