A non-governmental organisation on Friday moved a plea in the Delhi High Court against the registration of same-sex marriages under the Hindu Marriage Act, arguing that it could impact the “religious ecosystem” of the society, Live Law reported.
The division bench of Chief Justice DN Patel and Justice Jyoti Singh listed the application moved by Sewa Nyaya Utthan Foundation for hearing on February 3.
The High Court is yet to hear at least eight petitions on legalisation of same-sex marriages under various Acts and the Fundamental Rights enshrined in the Constitution, The Indian Express reported.
On Friday, the non-governmental organisation told the court that an attempt to modify the Hindu Marriage Act could affect the “age-old harmless beliefs” of the Hindus, according to Live Law.
“Legitimizing such marriages under Hindu Marriage Act, 1956 is against Freedom of Conscience and Free Profession, Practice and Propagation, Religion as guaranteed under Article 25 of the Constitution,” the plea stated.
The non-governmental organisation also said that a Hindu marriage ceremony had religious significance as it was a union between two people of the opposite gender who can offer “sanity” to the family system and “purpose of legitimacy” to children, The Indian Express reported. “The marriage or ‘vivah’ is not a contract but a religious activity,” the organisation said.
It also stated that it had no objections if same-sex marriages were registered under the Special Marriage Act or the Foreign Marriage Act, Live Law reported.
“If it must be registered under Hindu Marriage Act, it must happen for all religions,” the plea stated.
In October, the Centre had told the Delhi High Court that marriage only between a “biological man” and a “biological woman” was permissible under Indian laws.