Married in US, gay Indian couple wants Foreign Marriage Act be made gender neutral
Even as the Supreme Court hearing on same-sex marriage is generating heated opinions, a new petition has come before it that adds a new angle to the issue. A gay married Indian couple in the United States has pleaded that the Foreign Marriage Act be made gender neutral.
The two men, in a relationship since 2012, got married in Texas in 2017 and recently-adopted a four-month-old baby.
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Seeking gender neutral Act
Senior advocate Geeta Luthra appearing for the couple said, Texas laws recognise same-sex marriage.
“They are free and equal in other countries but on coming to India, they become non-married. During the Covid pandemic, visas were granted to spouses to visit their home country, but this couple was denied as their marriage was not recognised in India. The SC should make the Foreign Marriage Act gender neutral to allow them to register their marriage here,” The Times of India quoted her as pleading.
She further said the concept of marriages has been changing over time, giving the example of inter-caste and inter-faith marriages that were not recognised earlier.
Voices for same-sex marriage
The support for same-sex marriage has also come from various legal luminaries. Senior advocate Anand Grover said the LGBTQIA+ community members cannot wait for Parliament, which will take its own time, for recognition of their right to marriage.
Also read: Same-sex marriage: No data to support Centre’s remark it being ‘urban concept’, says SC
Senior advocate Menka Guruswamy told the Times of India that in India millions belong to LGBTQIA+ community and the government cannot tell the court to wait for Parliament to recognize their fundamental rights.
Citing the Indian Psychiatric Society’s statement favouring marriage rights to same-sex couples, which was published on the eve of SC hearing on April 18, Guruswamy said right to marriage is intrinsically linked to right to life.
