The Kerala High Court issued notice to the Centre and the State government on a petition filed by a gay couple who challenged the provisions of the Special Marriage Act, since the Act, does not permit same-sex marriage registrations.
As per sources, on 5 July 2018, Nikesh Pushkaran and Sonu MS had “exchanged rings” at Sri Krishna Temple in Guruvayoor after knowing each other for more than two years. Neither relatives nor friends were present at their wedding for which the couple stated that “God was the only witness.” Two months after their marriage, the Supreme Court struck down Section 377 of the Indian Penal Code.
Since the religious authorities will not issue a certificate of marriage as they were of same-sex, the couple opted for a secular marriage under the Special Marriage Act 1954. However, they later realized that the Special Marriage Act also does not recognize same-sex marriages.
In their petition, they stated that the non-recognition of same-sex marriages violate the principle of equality, non-arbitrariness, non-discrimination, individual dignity and personal autonomy under Articles 14, 15(1), 19(1)(a) and 21 of the Constitution of India. They observed that though the Act does not exclude homosexual unions, the heterosexual undertone depicts marriage as something only between a male and a female.
The petition further referred to a 2015 decision of the Supreme Court of the United States, which said homosexual couples have the right to get married.