Same-Sex Couple's Protection Plea- "Society Still Grappling To Come To Terms With Same-Sex Orientation": Madras HC Directs In-Camera Hearing

Significantly, the Bench of Justice N. Anand Venkatesh observed,

"The case in hand requires to be dealt with more sensitivity and empathy and it is a sample case of how society even now is grappling to come to terms with same-sex orientation. Considering the sensitiveness of the issue involved, this Court wants to hear the parties in-camera."

The matter before the Court

It may be noted that the case of the petitioners/same-sex is that they have same-sex relationship and the same is being opposed by the fourth and fifth Respondents, who are the father of the respective petitioners.

The Petitioners' counsel submitted that their parents are not able to agree on the same-sex relationship and hence, complaints came to be given before the sixth and seventh respondents and two FIRs have been registered as a girl missing case.

It was further submitted that there is a potential threat to the life and limb of the petitioners and the petitioners are being made to run from pillar to post to ensure their safety and security.

Lastly, it was prayed that the respondent police should be directed not to cause harassment to the Petitioners and also ensure that there is no danger from the fourth and fifth respondents to their life and limb.

On the other hand, the Government Advocate, who took notice on behalf of the Respondent Police, submitted that the Respondent Police would be instructed in this regard and the safety of the petitioners will be ensured.

With this, the Court directed that the matter be posted for 29^th March when it shall be heard in-camera.

In related news, opposing a petition seeking recognition to same-sex marriages under various personal laws before the Delhi High Court, the Centre last month informed the court through an affidavit that, "there is a 'legitimate state interest' in limiting recognition of marriage to persons of the opposite sex only", and that the institution of marriage is not merely a concept relegated to the domain of privacy of an individual.

Central Government opposes plea for recognition for same-sex marriages. There is no fundamental right to seek recognition for same-sex marriage, Centre tells Delhi High Court.

Courts cannot give legal recognition to such marriages when statute does not allow it, Centre adds. pic.twitter.com/5hE1bFI2vq

— Live Law (@LiveLawIndia) February 25, 2021

Some highlights from the Centre's affidavit

• Fundamental Right under Article 21 is subject to the procedure established by law and the same cannot be expanded to include the fundamental right for same-sex marriage to be recognized under the laws of the country which in fact mandates the contrary.
• Considerations of social morality are relevant in considering the validity of legislation and it is for the legislature to judge and enforce such social morality and public acceptance based on Indian ethos.
• In our country, despite statutory recognition of the relationship of marriage between a biological man and a biological woman, marriage necessarily depends upon age-old customs, rituals, practices, cultural ethos and societal values.
• Statutory recognition of marriage as a union between a 'man' and a 'woman' is intrinsically linked to the recognition of heterogeneous institution of marriage and the acceptance of the Indian society based on its cultural and societal values.

Also, in a major relief to a lesbian woman married against her wishes to a man of her family's choice, a bench of Justice Mukta Gupta of the Delhi High Court on March 10 issued a notice on the woman's petition and directed the Delhi Police to ensure complete protection to the woman.

Notably, taking a progressive stance on the case, the court also interacted with the woman and her husband, and directed that steps may be taken at the earliest for dissolution of the marriage.

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