23 Dec 2025, Tue

Gay couple reached High Court against Income Tax Act, plead for justice, know what is the whole matter

Please 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 law. By simplifying this law, an attempt has been made to give relief to people from old complications, whether it is a case of income tax refund or other financial settlement. However, a gay couple has filed a petition in the Bombay High Court and opposed a provision of the Income Tax Act.

Why oppose gay couple?

According to the Economic Times report, this couple says that the provision of income tax discriminates against them by taxing the gifts given between the partners. Justice BP of Bombay High Court Kolabwalla and Justice Firdaus Pooniwala have issued a notice to the Attorney General, accepting the petition, as questions related to the Constitution have also been raised.

What is the plea in the petition?

Petitioner Paio Aashho and his partner Vivek Dewan-both are lawyers by profession and work for the United Nations Headquarters along with practice in the High Court-argued that the existing laws behave financially discriminated against gay joints compared to heterosexual couples. In this case, he is being advocated in the High Court, senior advocate Dr. Dhruv Jainsen-Singvi.

He further said in his argument that heterosexual couples, who may not have a formal marriage, are still assumed that they are in marriage. In such cases, the gifts given between partners are not taxed, as they have the right to marry legally. But gay couples cannot claim this kind of discount, because in India they have not yet legally attained the status of husband and wife.

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