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Tuesday, January 18, 2022
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No same sex marriage in India? NGO files petition for prohibition in Delhi High Court

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A petition was filed in the Delhi High Court asking that same-sex marriages be prohibited under the Hindu Marriage Act since Hinduism has always allowed only men and women to tie the knot.

An NGO has filed a petition in the Delhi High Court asking that same-sex marriages be prohibited under the Hindu Marriage Act.

What the plea says

Sanjeev Newar and Swati Goel Sharma, represented by Advocate Shashank Shekhar Jha, stated that in order for a marriage to be recognised, it must either be registered under secular law, such as the Special Marriage Act, or it must be permitted under all religious laws, such as the Muslim Marriage Law and the Sikhs’ Anand Marriage Act. It needs to be devoid of any religious connotations.

same sex marriage petition

They further stated that if such marriages are registered under acts other than the Hindu Marriage Act, such as the Special Marriage Act and the Foreign Marriage Act, they have no objections. The plea stated that if it must be recorded under the Hindu Marriage Act, it must be done for all religions.

The main petition

The central government has challenged same-sex marriage in the main petition, claiming that marriage in India is more than just a union of two people, but an institution between biological man and woman.

It further claims that court intervention will “completely destabilise the delicate balance of personal laws.”

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