THE CONFLICT BETWEEN SAME-SEX MARRIAGES & INDIAN VALUES
Just over the two years, when the Supreme Court partially decriminalized Section 377 of the Indian Penal Code, 1860, and decriminalized the consensual homosexual relations, the Central Government recently opposed a petition before the High Court of Delhi. The petition which has been opposed seeks the registration of the marriage between the same sexes and was filed by Abhijit Iyer Mitra who is a member of the LGBTQ Community. The petition seeks to recognize same-sex marriage in the light of Section 5 of the Hindu Marriage Act on the ground that it does not differentiate or distinguish between heterosexual and homosexual couples. The Solicitor General namely, Tushar Mehta who is representing the Centre stated that the judgment of 2018 which decriminalized consensual homosexual relations is merely a decision, nothing less and nothing more of it. When a constitutional bench of five judges led by then CJI Dipak Mishra held that criminalizing the sexual relations between adults of...