A PIL has been filed in the Delhi High Court seeking declaration recognising the right of same-sex couples to get married under the Hindu Marriage Act, 1955. The petition, filed by Abhijit Iyer Mitra, Giti Thandani and G. Oorvasi was made on behalf of activists and members of the LGBTQ community. The petition states that Section 5 of the Hindu Marriage Act, 1955 allows a marriage to take place between ‘ any two Hindus’ and doesn’t differentiate between hetero-sexuals and homo-sexuals. Despite decriminalising Section 377 of the Indian Penal Code and having no statutory bar under either the Hindu Marriage Act, 1955 or the Special Marriage Act, 19454, it still isn’t possible for same-sex couples to have registered marriages in India. The petition also invokes Article 21 stating that the right to marry falls under Right to Life and the denial of the right to marry violates the fundamental rights.
Source: Live Law