Same-Sex Relationship Not Comparable With Indian Concept Of Husband & Wife, Says Govt

New Delhi: The Union government once again made its stand clear on same-sex marriages.

In an affidavit filed in Delhi High Court, in response to the court’s notice on a petition seeking legal recognition of same-sex marriages, the Centre said it was not acceptable in India.

“While a marriage may be between two private individuals having a profound impact on their private lives, it cannot be relegated to merely a concept within the domain of privacy of an individual,” it contended.

“Living together as partners & having sexual relationship by same-sex individuals is not comparable with Indian family unit concept of a husband, wife & children which necessarily pre-suppose a biological man as ‘husband’, a biological woman as ‘wife’ and children born out of union,” the affidavit stated.

Arguing that registration of marriage of same sex persons results in violation of existing personal as well as codified law provisions, the Centre said: “It is submitted that the Parliament has designed and framed the marriage laws in the country, which are governed by the personal laws/codified laws relatable to customs of various religious communities, to recognise only the union of a man and a woman to be capable of religious sanction, and thereby claim legal and statutory sanction. It is submitted that any interference with the same would cause a complete havoc with the delicate balance of personal laws in the country.”

In same-sex marriage, the Centre is of the opinion that it is neither possible nor feasible to term one as husband and the other one as wife. “Resultantly the statutory scheme of many statutory enactments will become otiose,” it stated.

The petition was filed by members of LGBTA community.

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