Same Sex Marriage : Centre Opposed
The Centre has opposed same-sex marriage in the Supreme Court, stating that marriage between a biological man and woman is a holy union, a sacrament, and a sanskar in India.
- A Bench led by Chief Justice of India refers petitions to legally recognise same-sex marriages to a Constitution Bench of five judges of the Supreme Court
- The government argued that the Court had only decriminalised sexual intercourse between same-sex persons in its 2018 judgement in Navtej Singh Johar v. Union of India, and not legitimised this “conduct”.
- The court, while decriminalising homosexuality, did not accept same-sex marriage as part of the fundamental right to life and dignity under Article 21 of the Constitution.
- The government argues that marriage depends on customs, rituals, practices, cultural ethos, and societal values.
- Same-sex marriage cannot be compared to a man and woman living as a family with children born out of the union.
- The Parliament has designed and framed the marriage laws in the country to recognise only the union of a man and a woman.
- Registration of marriage of same-sex persons would result in a violation of existing personal as well as codified law provisions.
- The Special Marriage Act of 1954 provides a civil form of marriage for couples who cannot marry under their personal law.
- The government argued that any deviation from this norm can only be made through the legislature, and not the Supreme Court.
