Dismissal of plea asking for recognition of relations among LGBTQ community

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Delhi High Court

A petition was filled in the Delhi High Court where it was prayed by the petitioner that personal laws regarding marriage, divorce, custody, adoption and maintenance to include marital relations of the LGBTQ community too. It was also prayed that LGBTQ commissions should be set up to look into the matters affecting the above mentioned community.

LGBTQ is an acronym for Lesbian, Gay, Bisexual, Transgender and Queer. People of these community have constantly faced discrimination and humiliation just because of their sexual orientation and gender identity. In many states they are even mutilated and put in prison. These people are denied equality and most of the times even basic human rights are not provided to them. LGBTQ community face a lot of humiliation and disregard from the society , they often serve punishments for a crime they didn’t commit and on which they had no control. Recently courts of India have taken a progressive turn and a modern approach over these issues by scrapping down a part of Section 377 of Indian Penal Code in its latest landmark judgement.

The bench comprised of Chief Justice Patel and Justice Hari Shankar rejected the petition on the ground that the petition was legislative in nature and courts have no jurisdiction over it, the Parliament of India is given the power to legislate and court does not possess the jurisdiction to bind the parliament by giving directions for the same and hence the petition is not maintainable.

However the court did believe that the legislature should take up these matters and address the needs of these communities by making the required legislation for the same , also the court encouraged the parliament in this regard.


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