The division bench of Delhi High court consisting of Cheif justice DN Patel and Justice Jyoti singh issued notice on recognising same sex marriages,marriages of queer people under Foreign Marriage act,1969 and Special Marriage act,1954.
The notice was issued to Ministry of Home Affairs, Consulate General of India, New york, Ministry of External affairs and posted the matter on 27th august.
Facts of the case, i.e “Joydeep Sengupta and others VS Ministry of home affairs”
A plea was filed by a same sex couple, Mr. Joydeep Sengupta and Mr. Russell Blaine Stephens in the Delhi High court to make the special marriage act, 1954 and the foreign marriage act,1969 applicable to all couples seeking to get married regardless of their gender and sexual orientation.
Mr. Joydeep Sengupta is an Oversees Citizen of India[OCI] and Mr. Russell Blaine Stephens is an U.S citizen. Mr. Sungupta is an Canadian citizen now and since 2011. The couple got married legally in New york on 6th august 2012, and are recognised legally as a couple in France, Canada, US.
The couple said that they were preparing to be parents and expecting their first child in july 2021. The petition sought a direction from the court refraining the Consulate General of India, New York from declaring the spouse of an OCI [Mr. Stephens] ineligible for becoming an OCI on the mere grounds of their sexual orientation.
Past actions of the centre
The centre in many instances had showed its opposition in recognising same sex marriages legal by making changes to existing marriage laws. It said that making changes would create a havoc in balance of personal laws of the country.
The Centre argued that the idea of same sex marriages was different from the idea of an ideal Indian family consisting of a man, woman, and children. It said “Living together as partners and having sexual relationship by same-sex individuals is not comparable with the Indian family unit concept of a husband, a wife and children which necessarily presuppose a biological man as a ‘husband’, a biological woman as a ‘wife’ and the children born out of the union between the two”.
The Centre said that the declaration of decriminalising homosexuality and striking down section 377 of the IPC by the Supreme Court had made only a limited declaration to decriminalise human behaviour which was illegal under section 377, and that declaration could not be used to argue to legalise same sex marriages.
Case proceedings
The case was listed on 27th august with similar please. This is the 4th plea which was filed to legalise same sex marriages.
LGBT rights In India
The Indian society has always considered and still consider homosexuality or non hetrosexuality as unnatural.
In 2018, the landmark decision of “Navtej singh Johar VS Union of India”, the Supreme Court of India decriminalised consensual homosexual intercourse by striking down section 377 of the IPC.
Despite the landmark judgement, homophobia is present in abundance in the Indian population. The judgement just just changed the legal status of homosexuality, but what needs to change is the idealogy of the society.
Spreading awareness
The only way to change and repeal idealogies is to spread awareness. Every year, in JUNE, pride month is celebrated to see how far the LGBT community has come. During this period, many pride events are held to recognize the impact LGBT people have had on the world
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