Gay Couple Moves Kerala HC For Recognition Of Homosexual Marriages Under Special Marriage Act


Nikesh and Sonu, the first ‘married’ gay couple from Kerala, have moved the High Court of Kerala challenging the provisions of Special Marriage Act 1954 to the extent they do not permit the registration of homosexual marriages. Justice Anu Sivaraman on Monday admitted the writ petition filed by them and issued notices to the governments of Centre and Kerala. As per the petitioners, non-recognition of same-sex marriage violates the principles of equality, non-arbitrariness, non-discrimination, individual dignity and personal autonomy under Articles 14, 15(1), 19(1)(a) and 21 of the Constitution of India. The petitioners state that they had met in May 2018 and had fallen in love with each other. Following their romantic relationship, they decided to get married. Fearing societal backlash, they had a ‘secret ceremony’ in a temple to solemnize marriage in satisfaction of their ‘conscience and beliefs’. Since the petitioners knew that the religious authorities will not issue a certificate of marriage, they decided to opt for the route of secular marriage under Special Marriage Act 1954. Then they realized that the law does not recognize homosexual marriages.

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