In this post we will discuss about a PIL that was filed to legalize same sex marriage and the governments say in this PIL
Government cant legalize same sex marriage.
The court heared a PIL filed by four members of the LGBTQ+ (lesbian, gay, bisexual, trans, queer, and others) community — Abhijit Iyer Mitra, Giti Thadani, Gopi Shankar, G. Oorvasi.
The submission which was made by Mehta, who is one of the central government’s top lawyers, seeks to challenge the petitioners’ contention said 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”. He also said that pointing out legal provisions to show that the law does not permit same-sex marriages.
The questions that when same sex marriage would be legal is still in mind of LGBTQ community.
In light of the submission submitted by the petitioners , the bench has asked the petitioners to file affidavits from members of the community who are aggrieved by the refusal of authorities to register same-sex marriages.
The center also said that it would be counter to laws recognizing marriage between biological men and women. Since this will need amendment to these laws, its best left to parliament.
This post was written by Bharti Verma
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