Centre Argues Against Recognition Of Same-Sex Marriages

The Centre has opposed petitions before the Supreme Court that have sought recognition of same-sex marriages.

 The Union Government submitted an affidavit in the top court, stating that the marriage laws in the country were designed and framed by Parliament.

These laws are governed by personal and codified laws that are specific to the customs of different religious communities. They recognize only the union of a man and a woman as capable of receiving legal sanction and claiming legal and statutory rights and consequences.

The Government further argued that any interference with these laws would lead to a complete disruption of the delicate balance of personal laws in the country, as well as accepted societal values.

According to the Centre, marriage is predicated on the idea of a union between two individuals of opposite genders. This definition is deeply embedded in the cultural, societal and legal constructs surrounding the institution of marriage, and any attempt to alter or weaken it through judicial interpretation must be avoided.

In reference to marriage laws, it is stated that the legislative intent is to acknowledge marriage strictly between one man and one woman. The provisions mentioned within the laws such as "female", "woman", "husband", and "wife" signify the legislature's clear intention to apply only to heterosexual marriages.

These specific terms are capable of only one interpretation, making it obvious that the laws were not intended to apply to any other union.

Parliament was intentional in its use of gender-specific language, demonstrating its policy to apply laws in a gender-specific manner.

The Centre stated that even though Section 377 of the Indian Penal Code (IPC) has been decriminalised, the Petitioners cannot insist on having a fundamental right to same-sex marriage recognised under the laws of the nation.

The government emphasized that bestowing rights and recognizing human relationships that have legal implications and privileges is primarily within the purview of legislature. Such recognition cannot be a matter of judicial adjudication.

The affidavit stated that marriage is presently accepted, both statutorily and socially, only in its traditional form, between a biological man and a biological woman. It further added that any departure from this norm would require the approval of the competent legislature, as such deviations are not recognized either legally or religiously.

The Centre highlighted that recognizing marriage inevitably entails granting the right to adopt and other related rights. Consequently, it is imperative to leave the decision concerning these matters to the competent Legislature.

In doing so, the Legislature can initiate thorough debates and consider the impact on society, children's wellbeing, and other psychological factors.

This approach will guarantee that all the implications of acknowledging these sacred relationships are scrutinized from every possible aspect.

Moreover, it will allow for legitimate state concerns to be assessed and considered by the Legislature.