The listening to within the same-sex marriage case is more likely to be “extremely charged” and will elicit a pointy response from the general public, the Center in a recent reply to the Delhi High Court has given particulars of its opposition to a plea searching for a stay relay of the proceedings . Case.
In a written reply given on August 20, the Center has additionally informed the High Court that stay streaming of court docket proceedings will be allowed solely after a complete framework is put in place via guidelines to guard information.
“Certain arguments/comments on the part of the lawyers or the Bench may lead to sharp and unwelcome reaction. Such reactions may either come to the fore in social media or may even enter the real life of the people involved from virtual media,” the reply mentioned.
Presenting its case, the federal government mentioned that the nation has “an extremely robust system of media reporting” and that the matter “will certainly attract considerable attention”.
Even in earlier circumstances the place the proceedings weren’t “entirely live-streamed”, it mentioned, “serious unrest has occurred and wild and unnecessary allegations have been leveled against the sitting judges of the Supreme Court”.
“It is well known that judges cannot really defend themselves in public forums and their views/opinions are expressed in judicial pronouncements,” the federal government’s reply mentioned, including that there’s additionally a risk that live-streamed Content will be “edited or morphed”.
The reply mentioned, “In order to preserve the seriousness, dignity and solemnity of the proceedings of the Court, especially in cases where sharp ideological differences may exist, it may be advised that the proceedings should not be telecast live.” Go.”
The authorities has additional said that the petitioners are already represented and their attorneys are more likely to flow into an replace concerning the listening to. It additionally mentioned that the appliance searching for stay telecast of the listening to is “more in the nature of a direction for implementation of draft media rules” that are nonetheless into consideration of the Delhi High Court.
The Centre’s recent reply comes after three months by a High Court bench headed by the then Acting Chief Justice Vipin Sanghi, asking it to file a “better affidavit”.
The bench had objected to the federal government’s reply alleging that the aim of the petition searching for a stay relay of the homosexual case was to “create a dramatic impression of the proceedings and garner sympathy”.
Senior advocate Neeraj Kishan Kaul, counsel for the petitioners, had then informed the court docket that the Center had curtailed the rights of same-sex {couples} and there ought to be penalties for using such phrases.
At least eight petitions searching for legalization of same-sex marriage underneath the Hindu Marriage Act, the Special Marriage Act, the Foreign Marriage Act and a declaration are pending earlier than the court docket and a declaration that the fitting to authorized recognition of same-sex marriage is a basic have the fitting. underneath Articles 14, 15, 19 and 21, no matter the intercourse, intercourse or sexual orientation of an individual.
Seeking to dismiss the petitions, the Center has argued that marriage in India primarily rests on “old customs, customs, customs, cultural ethos and social values” and that the wedding of 1’s associate Living collectively in and having intercourse by same-sex individuals “not comparable” with “Indian family unit concept of husband, wife and children …”.
It additionally mentioned that there exists a “legitimate state interest” in limiting the popularity of marriage solely to individuals of the other intercourse.
The matter has now been listed for listening to on Wednesday.
With inputs from TheIndianEXPRESS
