Despite the Supreme Court decriminalising homosexuality in the country, same-sex marriage is still not being allowed under the provisions of the Hindu Marriage Act, said a public interest litigation (PIL) filed in the Delhi High Court.
The public suit filed earlier this week urged to issue a declaration to the effect that since Section 5 of the Hindu Marriage Act of 1956 does not distinguish between homosexual and heterosexual couples, the right of same-sex couples to marry should be recognized under the said Act.
The PIL, filed by advocates Raghav Awasthi and Mukesh Sharma, said that the petitioners have filed the petition for enforcement of fundamental rights granted under the Constitution of India.
The petition said that as of now, the law sees the members of the LGBT community as individuals only and not as couples. It said that the LGBT community members are forced to suppress their feelings of getting married to the person of their own choice.
The plea raised the issue that denying the LGBT community the option to marry is absolutely discriminatory and treats them a second class citizens. Homosexual couples should have access to the same benefits enjoyed by the Heterosexual married couples, the petition said.