Lagatar24 Desk
New Delhi, March 12: The Central government has opposed the petitions filed before the Supreme Court by gay couples seeking recognition of same sex marriage under law.
The Central government claimed in an affidavit submitted to India’s top court on Sunday that having a sexual relationship with someone of the same sex and living together as partners are not comparable to the concept of the Indian family, which entails a biological man and woman and children born out of such wedlock.
According to the government, the latter requires a biological male to be a ‘husband’, a biological woman to be a ‘wife,’ and any children that result from their union.
“Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender. 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 – who are reared by the biological man as father and the biological woman as mother,” the affidavit stated.
Centre files affidavit before Supreme Court, opposes the legal recognition of same-sex marriage.
Centre tells SC that same-sex relationships & heterosexual relationships are clearly distinct classes which cannot be treated identically. pic.twitter.com/Fs7C3gGdqC
— ANI (@ANI) March 12, 2023
According to the submission, when two people get married, they establish a social institution with their own public importance because marriage is a social institution from which many rights and obligations follow.
Furthermore, the government emphasised, requesting a statement for solemnization or registration of marriage has implications beyond basic legal recognition.
The administration emphasised the fact that a specific type of social relationship cannot be recognised as a fundamental right. The affidavit was submitted in response to a number of petitions asking for LGBTQIA+ people to also have the freedom to marry whomever they choose.
All applications for same-sex marriage recognition that were pending before various High Courts had already been transferred to a bench consisting of Chief Justice of India DY Chandrachud, Justices PS Narasimha, and JB Pardiwala.
In its affidavit, the Center argued that registering same-sex marriages would violate existing provisions of personal and codified law, including those relating to “degrees of prohibited relationship,” “conditions of marriage,” and “ceremonial and ritual requirements” under personal laws governing the individuals.
“The intent of the Legislature was limited to the recognition of a legal relationship of marriage between a man and a woman, represented as a husband and wife. The prayers of the Petitioners, in PIL/Writ jurisdiction clearly seek to re-write the legislative text and intent under various codified statutes governing marriage and other issues ancillary thereto,” the affidavit said.
Even though same-sex relationships are not illegal, the state only recognises heterosexual relationships as a valid form of marriage, the administration further explained.
