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Same Sex Marriage : Centre Opposed

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.