'Not Allowing Homosexual Marriage A Violation Of Right To Life': PIL in Delhi HC Seeks Recognition Of Same-Sex Marriage https://www.livelaw.in/top-stories/not-allowing-homosexual-marriage-a-violation-of-right-to-life-pil-in-delhi-hc-seeks-recognition-of-same-sex-marriage-162869

Nowhere in Section 5 of Hindu Marriage Act is it mentioned that the 'two Hindus' getting married must be a Hindu Man and a Hindu Woman, further contends the plea.

"Section 5 of the Act clearly lays down that marriage can be performed between 'any two Hindus' under the Act", the plea states.

"…despite the fact that there is absolutely no statutory bar under the Hindu Marriage Act 1955 & Special Marriage Act1956 against gay marriage, the same are not being registered throughout the country and also in the National Capital Territory of Delhi", argue the petitioners.

"...the non-recognition of the rights of gay couples, especially when their sexuality has been recognised as such as valid by the Supreme Court is violative of various provisions of the Constitution of India as well as various conventions that India is signatory to."-reads plea.

"The prohibition of marriage of LGBT people on the basis of sexual orientation and gender identity is an absolute discrimination towards them and is also violative of Right to Equality as granted by the Constitution of India", the petition states.

"...not allowing the LGBT community to marry as per their own choice in India is like forcing them to live in a marriageless world (at least for them), wherein the members of LGBT community are forced to live life being a bachelor only", the petitioners argue.