NEW DELHI: The Delhi High Court has sought response from the central government and the Consulate General of India, New York, on a petition to allow a foreign-origin spouse of an Overseas Citizen of India cardholder to apply for OCI registration regardless of gender or sexual orientation.
The petition seeks a declaration that the right to legal recognition of the same-sex marriage is a fundamental right under Articles 14, 15, 19 and 21 of the Constitution irrespective of a person’s gender, sex or sexual orientation. All same-sex or queer marriages be legally recognised in India under the applicable statutes, rules and policies that are in force, it said.
A bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice on the petition and listed it for further hearing on August 27. The petitioners are a married same-sex couple Joydeep Sengupta, an OCI, and Russell Blaine Stephens, a US citizen and Mario Dpenha, an Indian citizen and a queer rights academic and activist pursuing PhD at Rutgers University, USA.
Since Stephens wished to apply for OCI status under the Citizenship Act in order to be entitled to multiple entry lifelong visa for visiting India, the couple approached Dpenha to file RTI applications to ascertain the legal position. The three decided to move the court after no effective response was received from the ministries concerned.