The Delhi High Court on Monday dismissed a Public Interest Litigation (PIL) seeking directions to the government to frame family laws for LGBT relationships and form a committee to look into these issues.
A division bench presided by Chief Justice D.N. Patel and Justice C. Harishankar turned down the plea filed by Tajinder Singh after noting centre’s response in the matter stating that drafting of law was the prerogative of the Legislature.
“Can a writ court direct legislature to constitute a Committee?” the bench remarked, adding that drafting of law was the prerogative of the Legislature.
The court further said that if the government ‘chooses to constitute’ a LGBT Committee, they were permitted to do so.
The Centre in its response had stated that it is taking all the necessary measures for upliftment of transgenders and also to bring them into mainstream.
The petitioner pressed for bringing in appropriate changes to the Hindu Marriage Act and other personal laws to recognize the rights pertaining to marriage, adoption etc as well as constitution of a commission for LGBT.
“The Constitution treats everyone equally without any discrimination. It is the duty of the State to ensure that no one should be discriminated,” the plea said, adding that members of the LGBT community are in minority and they too have equal fundamental rights.