The Central government opposed the legal recognition of same-sex marriage and said that same-sex relationships and heterosexual relationships are clearly distinct classes which cannot be treated identically. The Centre filed an affidavit before the Supreme Court while opposing a plea seeking recognition of same-sex marriage in the country.
The Central government 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 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
“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,” the Centre said.
“The parties entering into marriage creates an institution having its own public significance, as it is a social institution from which several rights and liabilities flow. Seeking declaration for solemnisation/registration of marriage has more ramifications than simple legal recognition. Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender,” it added.
Hence, seeking a declaration for solemnisation/registration of marriage has more ramifications than simple legal recognition. It also highlighted that there can be no fundamental right for recognition of a particular form of social relationship.
What Centre said while opposing same-sex marriage
The affidavit was filed in response to a batch of petitions seeking that the right to marry a person of one’s choice should extend to LGBTQIA+ citizens as well.
The Centre in its affidavit said that the registration of marriage of same sex persons will result in violation of existing personal as well as codified law provisions such as ‘degrees of prohibited relationship’, ‘conditions of marriage’ and ‘ceremonial and ritual requirements’ under personal laws governing the individuals.
The Central government cited the provisions of the Domestic Violence Act and said that it is impossible to make the above quoted and other statutory provisions workable in a same-sex marriage. The government clarified that though same sex relations are not unlawful but State only recognises heterosexual relationship for the mode of marriage.
“The State does not recognise these other forms of marriages or unions or personal understandings of relationships between individuals in a society but the same are not unlawful,” the affidavit stated.
