'Nobody Is Dying Because They Don't Have Marriage Certificates' :Centre Opposes Urgent Hearing Of Plea For Same-Sex Marriage Recognition

Arguing against the urgent hearing of a batch of pleas seeking recognition to same-sex marriages in India under various personal laws, the Union of India today told the Delhi High Court, "You don't need marriage certificate for hospitals, nobody is dying because they don't have marriage certificate." The centre also submitted a letter seeking adjournment, pointing out that the court was only hearing "extremely urgent" cases as of now, and raised issue with the roster of the bench. Taking note of the same, the court has adjourned hearing the batch of pleas to July 6. Sr. Adv. Saurabh Kirpal for one of the petitioners argued that the urgency of the subject matter should be looked upon in a neutral manner and only decided by the court, whereas, Sr. Adv. Menaka Guruswamy informed Court that issues were also being faced in getting admission in hospitals and medical treatment for them. However, Solicitor General Tushar Mehta dissed the submissions arguing that marriage certificates are not necessary for admissions in hospitals. Earlier, opposing the petition seeking recognition to same-sex marriages under various personal laws, the Centre had told the court through an affidavit that, "there is a "legitimate state interest" in limiting recognition of marriage to persons of opposite sex only", and that the institution of marriage is not merely a concept relegated to the domain of privacy of an individual."The acceptance of the institution of marriage between two individuals of the same gender is neither recognized nor accepted in any uncodified personal laws or any codified statutory laws", the affidavit filed had stated.The centre had also said that contrary to the popular view that homosexuality was legalized by the Supreme Court in the case of Navtej Singh Johar v. Union of India, the court had "only made a limited declaration to decriminalize a particular human behavior, which was a penal offence under S.377 IPC. The said declaration was neither intended to, nor did in fact, legitimise the conduct in question." Observations in 'Puttaswamy Judgment'(Privacy Case) and 'Navtej Johar' case(which struck down Sec 377 IPC) do not confer a fundamental right to seek recognition of same-sex marriages, it had Centre argued.Name of the case: Udit Sood and Ors. v. Union of India and Anr.Petitioners were represented by Mr. Saurabh Kirpal, Senior Advocate instructed by Karanjawala & Co. team of Ms. Meghna Mishra (Partner), Ms. Tahira Karanjawala (Principal Associate), Ms. Niharika Karanjawala (Senior Associate), Mr. Dheeraj P. Deo (Senior Associate) and Mr. Raghuveer Kapur (Associate) along with Mr. Raghav Kacker, Advocate." in

'Nobody Is Dying Because They Don't Have Marriage Certificates' :Centre Opposes Urgent Hearing Of Plea For Same-Sex Marriage Recognition

Shreya Agarwal

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