The Delhi High Court on Thursday sought responses from the central government and others on a petition that sought registration of same-sex marriages under the Hindu Marriage Act.
A Division Bench of Justices Rajiv Sahai Endlaw and Asha Menon issued notices on the petition filed by Abhijit Iyer Mitra and posted it for hearing along with other similar petitions in January next.
“Counter affidavits (responses) to be filed in 4 weeks. Rejoinder thereto, 4 weeks thereafter,” the bench said.
The plea said that nothing in the Hindu Marriage Act mandated that a marriage has to take place only between a Hindu man and a Hindu woman. It further pointed out that in 2018, the Supreme Court read down Section 377 of the Indian Penal Code, which criminalized homosexuality.
“The non-recognition of the rights of gay couples, especially when their sexuality has been recognized as valid by the Supreme Court is violative of the Constitution as well as various conventions that India as a sovereign State is a signatory to,” the petition stated.
“… finally, the eponymous Golden Rule of Interpretation also states that plain meaning has to be imparted to words in a statute unless such interpretation were to lead to an absurdity,” it added.
