Delhi: He emphasized that the apex court has clearly stated that members of the LGBTQ+ community have the same human, fundamental and constitutional rights as other citizens. Same-sex marriage should be given legal recognition under the Special Marriage Act. A gay couple has approached the Supreme Court seeking proper direction to the concerned authorities to allow them to solemnize their marriage.
The petition cited the absence of a legal framework that would allow members of the LGBTQ+ community to marry any person of their choice. The petition said the couple sought to enforce the fundamental rights of LGBTQ+ persons to marry any person of their choice and that the process should be distinguished from legislative and popular majority disdain.
The petitioners asserted their fundamental right to marry each other and requested the court to allow appropriate directions. The Public Interest Litigation was filed by the petitioner under Article 32 of the Constitution of India. This is in the interest of the LGBTQ+ community. The petitioners, who belong to the LGBTQ+ community, contended that the right to polygamy of one’s choice is a fundamental right guaranteed to every “person” under the Constitution of India.
He emphasized that the apex court has clearly stated that members of the LGBTQ+ community have the same human, fundamental and constitutional rights as other citizens. However, the legal framework governing marriage in this country currently does not allow members of the LGBTQ+ community to marry a person of their choice. The petitioners claimed that this was a violation of the fundamental rights guaranteed under Part III of the Constitution including Articles 14, 15, 19(1)(a), and 21.
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The present application is submitted by the applicant to assert themselves and the fundamental right of all members of the LGTBQ+ community to any person of their choice, regardless of gender identity and sexual orientation. The petitioners were in a loving relationship with each other for the past seventeen years. Presently the two are raising children together, but unfortunately a situation has arisen where their marriage cannot be legally consummated, the petitioner said. Both the applicants cannot have legal relationship with their children.
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