ALLAHABAD: The request of two women to recognize their “marriage” on the grounds that such a union was not “contradicted” by the law on Hindu marriage has been rejected by the High Court of Allahabad.
Opposing their plea, the lawyer for the government of Uttar Pradesh held that same-sex marriage was against Indian culture and Indian religions, and was invalid under Indian laws.
A habeas corpus plea has been filed by Anju Devi seeking custody of her 23-year-old daughter who she claims was unlawfully detained by a 22-year-old woman.
On April 6, the court ordered the state government attorney to ensure the presence of the two women at the hearing the following day.
Both women appeared in the Shekhar Kumar Yadav court on April 7.
They told the court they had “married” to each other and pleaded for the union to be recognised.
The women argued that the Hindu Marriage Act talks about the marriage of two people and that same-sex marriage has not been opposed by the legislation.
However, the state government attorney said, “In Hindu culture, marriage is one of the ‘sanskar’ and can be performed between a man and a woman.”
“Our country operates 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 lawyer said. .
The court denied the woman’s claim and also ruled on the mother’s habeas corpus petition.
The Union government opposed same-sex marriage on the grounds that marriage in India is not just a union of two individuals, but an institution between a biological man and woman.
He also said that judicial interference would cause “complete havoc in the delicate balance of personal laws”.