Greeva Garg–
The Delhi High Court issued notice to the Centre in a petition seeking legal recognition of Same-Sex Marriage.
The fresh petition seeking legal recognition of same-sex marriage was filed by a married same-sex couple Russel Blaine Stephens and Joydeep Sengupta, a foreign spouse of an Overseas Citizen of India (OCI) claiming that their same-sex marriage is a Fundamental Right under Articles 14, 15, 19 and 21 of Constitution of India irrespective of a person’s gender, sex or sexual orientation.
The division bench comprising of Chief Justice D N Patel and Justice Jyoti Singh issued notice to the Centre against their denial of recognition of plea on same-sex marriage.
Also read: Delhi HC issues notice in a plea seeking marriage registration of LGBTQ couples
The bench has further listed the petition to be heard on August 27 along with other similar petitions claiming rights of same-sex marriage.
The same-sex marriage of Sengupta and Stephens got officially registered in New York.
Now, according to the plea, Stephens who is a US citizen wishes to attain OCI status being the spouse of OCI cardholder as per Section 7A(1)(d) of the Citizenship Act.
In the plea, Stephens mentioned that the Consulate General of India in New York has denied the registration of their same-sex marriage.
On the grounds of decriminalization of homosexuality under Section 377 of the Indian Penal Code, the Central government had previously opposed the petitions stating that same-sex marriage cannot be claimed as a Fundamental Right.