A gay couple reached the High Court against the Income Tax Act, pleaded for justice, and know what the whole matter

Plea Against Income Tax Act: Bombay High Court Justice B.P. Kolabawalla and Justice Firdaus Pooniwala have accepted the petition and issued a notice to the Attorney General, as questions related to the Constitution have also been raised in it.

Plea Against Income Tax Provision: Recently, the government introduced the new Income Tax Bill in the Lok Sabha after amendment and also got it passed. It will replace the old Income Tax Act. By simplifying this law, an attempt has been made to give relief to people from old complexities, whether it is a matter of income tax refund or other financial settlements. However, a gay couple has filed a petition in the Bombay High Court opposing a provision of the Income Tax Act.

Why the gay couple opposing?

According to the report of Economic Times, this couple says that the provision of income tax discriminates against them by imposing tax on gifts given between partners. Bombay High Court Justice B.P. Kolabawalla and Justice Firdaus Pooniwala have accepted the petition and issued a notice to the Attorney General, as it also raises questions related to the Constitution.

What is the argument in the petition?

Petitioner Paiyo Ashiho and his partner Vivek Dewan - both of whom are lawyers by profession and practice in the High Court as well as work for the United Nations Headquarters - argued that the current law discriminates economically against homosexual couples compared to heterosexual couples. In this case, they are being represented in the High Court by senior advocate Dr. Dhruv Janssen-Singhvi.

He further said in his argument that heterosexual couples, who may not have been formally married, are still considered to be married. In such cases, gifts given between partners are not taxed, because they have the right to marry legally. But homosexual couples cannot claim such exemption, because in India they do not yet have the legal status of husband and wife.