A plea by two women to recognize their “marriage” on the basis that such a union was not “against” the Hindu Marriage Act has been rejected by the Allahabad Supreme Court.
Against their plea, counsel for the government of Uttar Pradesh said same-sex marriage violates Indian culture and religions, and is invalid under Indian laws.
A Habeas Corpus plea was filed by Anju Devi seeking custody of her 23-year-old daughter who she alleged was illegally held by a 22-year-old woman.
On April 6, the court ordered state government counsel to ensure the presence of both women at the hearing the following day.
The two women presented themselves before the court of Justice Shekhar Kumar Yadav on April 7. They told the court they were “married” to each other and wanted the union recognized.
The women claimed that the Hindu Marriage Act speaks of the marriage of two people and that same-sex marriage has not been opposed by the legislation.
However, the state government counsel said, “In Hindu culture, marriage is one of the ‘sanskar‘ and can be performed between a man and a woman.”
‘Our country runs according to Indian culture, religions and Indian law. In India, marriage is considered a sacredsanskar‘, while in other countries marriage is a contract,’ the lawyer said.
The Supreme Court rejected the woman’s request and also dismissed the mother’s habeas corpus plea.
The Union government opposes same-sex marriage on the grounds that marriage in India is not just a union of two persons, but an institution between biological man and woman.
It also said judicial interference “will wreak utter havoc with the delicate balance of personal laws”.
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