CENTRE OPPOSES URGENT HEARING OF PLEA FOR SAME-SEX MARRIAGE RECOGNITION Recently, the Central Government opposed same-sex marriage in Delhi High Court stating that a marriage in India can be recognised only if it is between a “biological man” and a “biological woman” capable of producing children. Petitions, seeking recognition of same sex marriages under the Hindu Marriage Act (HMA), 1955 and the Special Marriage Act (SMA), 1954, were filed in 2020. In reading down the provision of Section 377 of the Indian Penal Code (IPC), the Supreme Court only decriminalized a particular human behaviour but neither intended to, nor did in fact, legitimize the human conduct in question. The fundamental right under Article 21 is subject to the procedure established by law and it cannot be expanded to include the fundamental right for same sex marriage to be recognized under the laws which in fact mandate the contrary. Reddy& Reddy Law Firm is a multi-disciplinary law firm comprising of dedicated legal professionals experts in varied fields. It deals regularly in family related matters.
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