Delhi HC to hear Petition seeking Recognition of Same-Sex Marriage under Hindu Marriage Act

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09/14/2020

A PIL has been filed in the Delhi High Court seeking recognition of same-sex marriage and couples under the Hindu Marriage Act, 1955. The petition has been filed by Gopi Shankar Madurai, an intersex activist from Tamil Nadu, Abhijit Iyer Mitra, a gay man and and a commentator on national security issues, Giti Thandani, founder member of Sakhi Collective Journal of contemporary and historical lesbian life in India and G. Oorvasi, a transgender activist. In January this year, a similar petition for recognition of same-sex marriages under the Special Marriage Act, 1954 had been filed in the Kerala High Court by Sonu and Nikesh, a gay couple from Thrissur. The current PIL states that Section 5 of the Hindu Marriage Act does not distinguish between a homosexual and heterosexual couple, and hence homosexual couples should also be recognised under the Act.

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