The Delhi High Court is hearing a PIL that seeks marriage rights for the gay community under the Hindu Marriage Act 1955.
Same-sex marriages are neither a part of “our culture” nor a part of the law, Solicitor General Tushar Mehta told the
Delhi High Court Monday, opposing a petition demanding marriage rights for the gay community under the Hindu Marriage Act 1955.
The submission was made during a hearing before a bench comprising Delhi High Court Chief Justice D.N. Patel and Justice Prateek Jalan.
The court is hearing a PIL filed by four members of the LGBTQ+ (lesbian, gay, bisexual, trans, queer, and others) community — Abhijit Iyer Mitra, a security and foreign policy commentator, Gopi Shankar M, a Tamil Nadu-based intersex activist who contested the 2016 assembly elections, Giti Thadani, founding member of the Sakhi collective journal of contemporary and historical lesbian life in India, and G. Oorvasi, transgender activist.
The submission made by Mehta, one of the central government’s top lawyers, seeks to challenge the petitioners’ contention that the Hindu Marriage Act doesn’t distinguish between heterosexual and homosexual marriage since it doesn’t describe marriage as a union between man and woman, but only “two Hindus”.