‘Cannot offer tax cuts to same-sex couples’: Centre tells Karnataka High Court | India News - Hindustan Times

LGBTQ ~5 min read ▶ 6 min 58 s listen
Denny Denny Farrah Farrah
0:0006:58

Some people change, some people discover, and some people finally say.

DennyOkay, this one's been bugging me: ‘Cannot offer tax cuts to same-sex couples’: Centre tells Karnataka High Court | India News. What's your honest take?

FarrahThat reasoning basically says the tax code is too fragile to hold two people’s lives together, which feels backwards when you look at how many benefits are tied to marriage. It reduces a paycheck to a legal label, ignoring the reality that families exist long before anyone stamps a document.

DennyWait, SG Tushar Mehta actually said granting those exemptions would effectively recognize same-sex marriages right there in court. That’s not just a technicality; they’re drawing a hard line where financial help equals legal validation. To me, that looks less like protecting the law and more like they’re terrified of setting a precedent they can’t control later.

FarrahYou're jumping straight to "terrified" based on what Mehta said in that hearing, but he didn't mention fear anywhere. He stuck to the narrow point that the Income Tax Act links those specific breaks to marital status, which is a dry legal distinction, not a panic response. Calling it a terror tactic ignores that the Centre often takes the strictest possible interpretation of current statutes whenever a new relationship type enters the room.

DennyPicture a couple in Bengaluru who split rent and buy groceries together every single day, yet the tax form still treats them like strangers. The government is saying their shared life doesn't count until we change the definition of marriage first, which means the money stays locked up while the paperwork catches up. That sequence—benefit last, recognition first—is exactly how they keep the loop going without ever admitting why.

FarrahPicture a married couple filing jointly who argue constantly about household bills, yet the tax office accepts their union simply because a registrar signed the certificate years ago. The Centre isn't holding the door closed out of spite here; they are pointing out that the Income Tax Act has no separate mechanism for unregistered partnerships, so extending spousal deductions to these petitioners would legally rewrite the statute rather than apply it.

DennyBut wait, they rejected a similar plea years ago citing the same lack of statutory provision. Two identical arguments, zero legislative action in between—that’s not caution, that’s deliberate stalling.

FarrahThe fact that they reused the exact same argument without pushing any new legislation does make the pattern look intentional. Still, courts don't force Parliament to act; the delay might reflect bureaucratic inertia more than a calculated plan to block progress. What matters now is whether Justice B Shyama Prasad sees the gap in the Income Tax Act as fixable through interpretation or strictly requires fresh legislation.

DennyConceding that Parliament isn't forced to legislate is fair enough, since the judiciary really does stop at the letter of existing laws. But notice how the Centre leaned entirely on Solicitor General Mehta’s submission that the Income Tax Act lacks a partnership framework, completely bypassing the constitutional equal protection argument the couple likely raised. That tactical choice suggests they knew the statutory route was the safer bet to avoid a broader rights ruling.

FarrahComparing their courtroom strategy to picking a safe bet assumes we can see the whole board, when all we have is one side’s opening hand. The Centre could be sticking to the statutory lane simply because a broad equal-protection claim invites an unpredictable Supreme Court appeal, whereas a narrow Income Tax Act reading stays contained within the High Court. Without seeing the full written submissions from both sides, calling it a calculated maneuver is just filling silence with narrative.

DennyThink about the kids growing up in those households who will need education loans or medical insurance down the road. Right now, the state refuses to acknowledge the parent-child link for basic tax purposes, forcing families to treat their own children as unrelated dependents on official forms. That administrative distance becomes a real barrier when a hospital bill hits, turning a family emergency into a bureaucratic puzzle.

FarrahTax law defines dependents differently than social reality, so checking a box for a child rarely triggers a hospital refusal. Your scenario stacks too many assumptions onto one missing deduction line.

DennyFair point on the hospital billing, but look at what SG Mehta actually said: granting the deduction equals recognizing the marital relationship. They didn’t call it a policy preference; they called it a legal equivalence. That specific framing turns a simple tax dispute into a test case where winning the money effectively wins the status, even before Parliament lifts a finger.

FarrahCalling it a test case reads intent into a procedural statement that just maps legal consequences. The court can grant the tax benefit based on economic dependency alone without ever validating the marriage itself, which breaks your assumption that money automatically buys status.

DennyYou’re right that the court could technically separate the wallet from the ring, but watch the clock here—Justice Prasad has to decide soon, and every day he delays forces these couples to litigate basic financial survival while waiting for Parliament to blink. The legal logic holds, sure, but the human cost of that “safe” interpretation keeps compounding until the system chokes them out. We’re not debating the statute anymore; we’re watching the exhaustion set in.

FarrahWaiting for Parliament doesn’t mean the High Court can skip its job, especially when the petitioners are stuck managing daily finances under current rules. Your complaint about exhaustion ignores that this specific bench still hasn’t ruled, so holding the government accountable for legislative silence misses the immediate judicial step. The smart move is tracking Justice Prasad’s eventual order rather than speculating on why Parliament is quiet.

DennyI’ll wait for the order, but if Justice Prasad grants the deduction strictly on economic grounds, he effectively admits the tax code fails same-sex parents despite their identical responsibilities. Until that ruling drops, SG Mehta’s claim that money equals status remains an untested legal loophole hanging over every household form filed in Karnataka.

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