India: Same-sex marriage not part of Indian culture or law, solicitor general tells Delhi High Court

Solicitor General Tushar Mehta on Monday opposed a petition in the Delhi High Court seeking to recognise the right of same sex couples to get married, saying that Indian culture does not recognise such a concept, Live Law reported.

A bench comprising Chief Justice DN Patel and Justice Prateek Jalan replied that they needed to examine the petition with an open mind. “Changes are happening around the world,” the court said.

The petition, filed on September 8 and taken up by the High Court on Monday, stated that the 1995 Hindu Marriage Act allowed for the marriage of any two Hindus without discriminating between homosexuals and heterosexuals.

Mehta, who represented the Centre, argued that the Act did not allow or recognise the concept of same-sex marriages. “As per law, marriage is only between man and wife,” he said. Mehta, however, clarified that it was his analysis of the statutory regime and that there was no such instruction from the Centre.

He also argued that the effect of the 2018 Supreme Court verdict decriminalising homosexuality was only limited to the decriminalisation and “nothing more, nothing less”.  Read more via Scroll.in