Gay couple moves Kerala HC to strike down Special Marriage Act provisions

Special Marriage Act, 1954 only permits heterosexual (opposite sex) couples to get married

A gay couple has moved the Kerala High Court, seeking to strike down certain provisions under the Special Marriage Act, 1954, which do not permit to get their marriage registered. Considering the writ petition by the petitioners on Monday, the court has sought the views of Central and state governments on the matter. The petitioners, a business man and an IT professional had met each other in May 2018 and fallen in love. After being in a relationship for two months, they decided to get hitched. In September last year, they got married in a private ceremony.

However, the religious authorities declined to solemnise the wedding and hence the couple decided to get their marriage registered under the Special Marriage Act, 1954, which does not recognise homosexual marriages. In their plea, the gay couple stated thatit was aggrieved by the provisions of the Special Marriage Act, 1954 whereby the law provided therein only permits a heterosexual (opposite sex) couple to get married and a homosexual couple like them is denied equal access to the institution of marriage.

They claim that the impugned provisions of the Act violate their fundamental rights and are thus “illegal and unconstitutional” to that extent. Seeking declarations in this connection and to obtain the relief for getting married under the Act, the writ petition was being moved jointly by the petitioners, who submitted that they have suffered public humiliation after they disclosed their love for each other…

Kerala love jihad: I'm going to die get me out, victim Hadiya pleads in video

An activist released a video where Hadiya is heard speaking

 

In a video, Kerala love jihad case woman Akhila Ashokan, or Hadiya is heard pleading an activist to "get her out" of confinement as she fears that her father might kill her. The video was released by activist Rahul Eashwar. Hadiya, the woman at the centre of a religious conversion row is currently staying with her parents after a Kerala High Court order.

"Get me out of here. Today or tomorrow, I am going to die. I am sure about this. My father is getting angry, I can make out. He pushes me, stamps at me," says the 24-year-old Hadiya in the video recorded in August, NDTV reported.

Eshwar's version

After meeting the woman and her family in August, Eashwar had released one video excerpt of his conversation earlier and released another part this week. "While I am a Hindu activist, I believe Hadiya's voice must also be heard", Eashwar told NDTV. He added that he would be handing over the entire footage to the court.

Father's version

"Nothing has happened to her so far... so there is no validity to her claims," the father told NDTV. "I don't have the time and need to see what Rahul Eashwar says," he added.

Activists' demand

Women's rights activists comprising academicians, authors, women's collectives and women's right advocates, have urged Kerala Chief Minister Pinarayi Vijayan as well as the State Commission for Women to extend state protection to Hadiya. The activists, including publisher Urvashi Butalia, DU professor Nandini Sundar, JNU professors Ayesha Kidwai and Nivedita Menon, and Suneeta Dhar among others, have sought that "Hadiya be brought under the protection of the state, perhaps in a shelter in consultation with her"......READ MORE