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The central government opposed legal sanctions for same-sex marriage in India.

On Feb. 25, the central government opposed the plea to recognize same-sex marriage stating there is no fundamental right to seek such recognition.

On Feb. 25, the central government opposed the plea to recognize same-sex marriage stating there is no fundamental right to seek such recognition.In the Delhi High Court, a petition was filed by Abhijit Iyer Mitra, Giti Thadani, Gopi Shankar M, and G Oorvasi seeking recognition for same-sex marriage under the Hindu Marriage Act. The petitioners said that the Act does not prohibit same-sex marriage claiming that it does not define that marriage has to be between a man and a woman. They also noted that despite the Supreme Court decriminalizing consensual homosexual acts in 2018, a marriage between people of the same gender was not possible. Further, they sought a declaration recognizing same-sex couples' right to marry under the Hindu Marriage Act, 1955.

Two mental health professionals filed the second petition. Two women, Kavita Arora and Ankita Khanna sought legal recognition of their marriages.

Similarly, Vaibhav Jain, an Indian citizen, and Parag Vijay Mehta, an overseas citizen of India, are the two men who filed the third plea. They got married in the U.S., where same-sex marriage is legal. They sought the same relief as the Indian consulate in the U.S. had declined to register their union under the Foreign Marriage Act.

The government told the Delhi High Court on Feb. 25, that any intervention by a court in the marital statute based on personal laws would "create havoc", and all legal provisions framed by Parliament would be unworkable. The government said that marriage in India is recognized between "a biological man and a woman" capable of having children and opposed the validation of same-sex marital unions.

The government argued that the Indian family unit's concept consists of a husband, wife, and children and that it cannot be compared to living together with partners or in a relationship with a same-sex individual. The central government said that the petitioners could not claim a fundamental right to same-sex marriage, despite section 377's decriminalization.

The Delhi High Court is to further hear the case on April 20, 2021.

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