38.6c New Delhi, India, Thursday, May 30, 2024
Legal Insiders

Centre Yet To Legalize Same Sex Marriages In India, Says Law Ministry

By LawStreet News Network      08 February, 2020 03:02 PM      0 Comments
Same Sex Marriage

On 6th September 2018, consensual gay sex was legalised by India's Supreme Court. But even then, India is yet to consider same sex marriages as legal, the Government told Parliament on 6th of February, 2020. Same sex couples cannot even register their marriage as per the Indian law, that Law Ministry put forth the contention in the Rajya Sabha further adding that no proposal for legalisation of same sex marriage has been taken in the country. 

The Union Law minister Ravi Shankar Prasad addressed the questions on "Marriage equality for same-sex couples" by the All India Trinamool Congress (TMC) parliamentarian Derek O Brien. 

O' Brien asked, “Whether same-sex couples can register their marriage as per Indian law, if so, the details thereof, if not, the reasons thereof.”

In a written reply by Prasad, he said, "No, sir."

O'Brien further asked whether the government has taken any steps to further encourage the marriage and provide equality to the same sex couples. To this, the Law Minister put forth the "no proposal to legalise same sex marriage" reply. 

The Centre in 2018 did not oppose the decriminalisation of Section 377 of the Indian Penal Code, 1860 and Prasad therein had said that sexual preferences can be a personal choice. 

In the landmark judgment of  Navtej Singh Johar v. Union of India in 2018, the then CJI of India Dipak Misra had said,"Only Constitutional morality and not social morality can be allowed to permeate rule of law… Sexual orientation is one of the many natural phenomenon. Any discrimination on basis of sexual orientation amounts to violation of fundamental rights. After judgement in Puttuswamy case, privacy has been raised to fundamental right."


Author - Dyuti Pandya 

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
AAP Minister Atishi summoned by Delhi Court in BJP defamation case, to appear on Jun 29

A Delhi Court has summoned Aam Aadmi Party (AAP) Minister Atishi in a defamation case by Bharatiya Janata Party (BJP) spokesperson Praveen Shankar Kapoor.

29 May, 2024 12:44 PM
Trending Judiciary
Sikkim High Court Announces Menstrual Leave for Female Employees [Read Order]

Sikkim High Court grants 2-3 days of menstrual leave monthly to female employees, requiring Medical Officer approval, without deducting from regular leave accounts.

29 May, 2024 01:15 PM


Trending Events & Opportunity
LIVE Coverage: In-Depth Exploration of Bhartiya Sakshya Adhiniyam (BSA) at DHCBA Lecture Series [Watch Live]

LIVE Coverage: DHCBA Lecture Series explores the Bhartiya Sakshya Adhiniyam (BSA), 2023 with Justice Bhambhani & Senior Advocate Jayant Mehta. Tune in at 5pm on LawStreet Journal!

24 May, 2024 11:30 AM
Trending Judiciary
BJP Moves Supreme Court Against Calcutta High Court's Ban on "Derogatory" Ads Targeting TMC

BJP moves Supreme Court against Calcutta High Court order banning "derogatory" ads targeting TMC during Lok Sabha elections, seeks urgent hearing.

24 May, 2024 12:12 PM
Trending Judiciary
Demand Notice via courier valid in cheque bounce cases: Allahabad High Court [Read Order]

Allahabad HC rules demand notices via courier valid for cheque bounce cases under Section 138 NI Act, but service presumption needs registered post amendment.

24 May, 2024 01:44 PM
Trending Judiciary
'Can't interrupt in between polls,' SC declines to consider plea for uploading voters turnout data

SC declines plea to upload voter turnout data during ongoing polls, citing the need to avoid interruptions and uphold electoral integrity, pending further examination.

24 May, 2024 02:06 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email