Allahabad HC Rejects Two Women’s Plea to Recognise their Same-Sex “Marriage”

GG News Bureau

Allahabad, 14th April. A plea by two women to recognise their “marriage” on the argument that such union is not “opposed” by the ‘Hindu Marriage Act’ has been rejected by the Allahabad High Court.

Opposing their plea, the counsel of Uttar Pradesh government said that same-sex marriage is against Indian culture and Indic religions, and invalid under Indian laws.

A Habeas Corpus plea was filed by Anju Devi seeking the custody of her 23-year-old daughter who, she alleged, was illegally detained by a 22-year-old woman.

On April 6, the court directed the UP Government’s counsel to ensure the presence of both the women during the hearing the next day.

The two women presented themselves in the court of Justice Shekhar Kumar Yadav on April 7. The women told the High Court that they got “married” to each other and wanted the union to be recognised.

The women claimed that the Hindu Marriage Act talks about the marriage of two people and homosexual (same-sex) marriage has not been opposed by the legislation.

However, the Uttar Pradesh government counsel said, “In Hindu culture, marriage is one of the ‘sanskar’ and can be performed between a man and a woman.”

“Our country runs according to Indian culture, religions, and Indian law. In India, marriage is considered a sacred ‘sanskar’, whereas in other countries, marriage is a contract,” the state counsel said.

The Allahabad high court rejected the women’s request and also disposed of the mother’s habeas corpus plea.

The Union government has opposed same-sex marriage on the ground that marriage in India is not just a union of two individuals but an institution between biological man and woman.

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