Delhi HC seeks Centre’s response on plea for live-streaming of same-sex marriages

The Delhi High Court on Tuesday sought the response of the Centre on live-streaming of same-sex marriage proceedings in the country on a plea, in which the petitioner termed the recognition of the LGBT community that constitutes nearly eight percent of the population, as a matter of national importance and live streaming can host a larger audience.

The bench presided over by Chief Justice D.N. Patel and Justice Jyoti Singh issued a notice in the matter and gave time to the Centre to file its reply while posting the matter for further hearing on February 3.

The petition cited that the Supreme Court, in 2018, had emphasised that there should be live streaming of court proceedings in matters of constitutional and national importance that has an impact on the public at large, referring to Swapnil Tripathi vs. Supreme Court of India.

The court was hearing a batch of pleas filed by the persons belonging to the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) community seeking a declaration of recognising same-sex marriages under the special Hindu and foreign marriage laws.

During the course of the hearing, petitioner’s counsel Neeraj Kishan Kaul said that his clients represent a large section of the public of the country who are eagerly looking forward to the outcome of these cases. Today, two women petitioners, whose marriage was solemnised abroad, also sought recognition of their marriage in India.

Notably, on October 25, the Centre had told the Delhi High Court that “marriage” is a term associated with heterosexual couples and “spouse” means husband and wife, as it contended that there is “some misconception” regarding the order in the Navtej Singh Johar case which decriminalized homosexual sex but does not talk about marriage.

Earlier, the Centre had also told the High Court that the acceptance of the institution of marriage between two individuals of the same gender is neither recognized nor accepted in any uncodified personal laws or any codified statutory laws.

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