The Delhi High Court on Tuesday issued discover to the Center in a petition declaring that the appropriate to authorized recognition of same-sex marriage is a basic proper underneath Articles 14, 15, 19 and 21, no matter the gender of an individual, Whatever be the gender or sexual orientation. .
A division bench of Chief Justice DN Patel and Justice Jyoti Singh listed the petition for listening to on August 27 together with related petitions looking for recognition of same-sex marriage underneath the Hindu Marriage Act, Foreign Marriage Act and Special Marriage Act.
The new petition was filed by married homosexual couple Joydeep Sengupta and Russell Blaine Stephens together with homosexual rights activist Mario Leslie DePenha.
Sengupta, who’s an expatriate citizen of India, and her husband Stephens have mentioned within the petition that they met in New York in 2001 and married in New York on 6 August 2012. US citizen Stephens, as per the petition, needs to use for OCI standing because the partner of an OCI cardholder underneath the Citizenship Act.
The petition argues that for the reason that Consulate General of India in New York has already refused registration of same-sex marriage in a single case, Stephens legitimately fears that his utility for OCI standing in addition to the wedding Requests for certification – a requirement within the utility course of – won’t be accepted.
Stating that consensual sexual acts between individuals of the identical intercourse have already been decriminalized by the Supreme Court of India in Navtej Singh Jauhar, the petition states that “regardless that Indian regulation is silent on the popularity of similar intercourse marriage, it’s a longtime precept that the place a wedding is solemnized in a international jurisdiction, the regulation relevant to such marriage or matrimonial disputes is the regulation of that jurisdiction. Thus, petitioner No. 1 and a pair of such marriages, to be validly registered underneath US regulation, should meet the necessities for the time period ‘registered’ underneath part 7a(1)(d) of the Citizenship Act.
The petition additionally sought a declaration that the boycott of same-sex marriages underneath the Foreign Marriage Act and the Special Marriage Act violated Articles 14, 15, 19 and 21 of the Constitution of India.
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With inputs from TheIndianEXPRESS
