Centre Opposes Same-Sex Marriage In SC, Says It Violates Concept Of Indian Family Unit

Bhubaneswar: The Centre stuck to its stand against same-sex marriage in its response to a number of petitions challenging the laws against it in the Supreme Court.

The Centre on Sunday filed an affidavit in the apex court in response to a batch of petitions challenging the provisions of the Hindu Marriage Act, Foreign Marriage Act and the Special Marriage Act and other marriage laws as unconstitutional on the ground that those deny same sex couples the right to marry.

In its affidavit, the government said the same-sex marriage is not compatible with the concept of an “Indian family unit” which consists of “a husband, a wife, and children which necessarily presuppose a biological man as a ‘husband’, a biological woman as a ‘wife’ and the children born out of the union between the two – who are reared by the biological man as father and the biological woman as mother”.

“It is submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country,” it said.

The Centre said living together as partners and having sexual relationship by same sex individuals (which is decriminalised now) is not comparable with the Indian family unit concept, urging the court to reject challenges to the current legal framework lodged by LGBTQ+ couples.

The government also argued that registration of marriage of same-sex persons results in violation of existing personal as well as codified law provisions such as ‘degrees of prohibited relationship’; ‘conditions of marriage’; ‘ceremonial and ritual requirements’ under personal laws governing the individuals.

“The notion of marriage itself necessarily and inevitably presupposes a union between two persons of the opposite sex. This definition is socially, culturally, and legally ingrained into the very idea and concept of marriage and ought not to be disturbed or diluted by judicial interpretation,” NDTV quoted the Centre as stating in the affidavit.

The Supreme Court is scheduled to hear the matter on Monday.