Married In Texas, Indian Gay Couple Pleads SC To Make Foreign Marriage Act Gender Neutral

A gay couple, Vaibhav and Parag, got married in Texas in 2017. The couple, who have become parents to a four-month-old baby through adoption, filed a petition to the Supreme Court through senior advocate Geeta Luthra on Tuesday. The couple pleaded that the Foreign Marriage Act be made gender-neutral.

The couple appeared at the Supreme Court through video call before the five-judge bench headed by CJI DY Chandrachud. Advocate Luthra said that the couple are married in Texas, one of the 34 countries that recognise same-sex marriages. They enjoy equal rights in other countries, but on coming to India, they become non-married.

Indian Texas Gay Couple Seek Rights

During the COVID-19 pandemic, visas were granted to spouses to visit their native country, but this couple was denied the visa because their marriage was not recognised by India. Advocate Luthra asked that the Foreign Marriage Act be made gender-neutral to allow this couple to register their marriage in India as well.

Advocate Luthra explained that marriage is the oldest institution but has never been a static concept. Earlier, inter-caste and inter-religious marriages weren’t recognised, and some countries did not recognise interracial marriages. But over time, the institution of marriage has evolved to ensure equality in social relationships.

The couple claimed that just because they were living abroad didn’t mean their rights as Indian citizens could be denied. They stated that once they come to India, they are deemed strangers because their fundamental rights are not enforced. They sought the Supreme Court's recognition of same-sex marriage so that it would help them get their rights in India.

Senior Advocate Menaka Guruswamy noted that 5–7% of the population identifies themselves as LGBTQIA+. When millions of Indians belong to this community, the government cannot tell the court to wait until the parliament decides to recognise their fundamental rights.

Citing the Indian Psychiatric Society’s statement that favours the recognition of same-sex marriages, Advocate Guruswamy said that the right to marriage is naturally connected to the right to life.

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