Centre Opposes Petitions Seeking Same-Sex Marriages in Delhi HC

NEW DELHI: The Bharatiya Janata Party (BJP) led- Centre opposed a batch of petitions seeking recognition and registration of same-sex marriages in the country.

According to reports, the Centre told the Delhi High Court that living together as partners and having a sexual relationship with same-sex individuals cannot be comparable with the "Indian family unit concept" of a husband, wife and children.

The government also pointed out that marriage in India is not just a matter between two individuals but "a solemn institution" between "a biological man and a biological woman".

It is to be mentioned that a PIL was filed seeking the recognition of same-sex marriages under the Hindu Marriage Act by Abhijit Iyer Mitra and three others.

Further, the court earlier observed that the statute is gender neutral and the Centre must interpret the law in favour of citizens of India.

The government also said that in a same-sex marriage, it is neither possible nor feasible to term one as husband and the other one as a wife. "Resultantly the statutory scheme of many statutory enactments will become otiose," it said.

The plea has contended that the Hindu Marriage Act does not distinguish between heterosexual and homosexual marriages if one were to go by how it is worded. It added the Act very clearly states that marriage can be solemnised between "any two Hindus".

Some highlights from the Centre's affidavit

"Fundamental Right under Article 21 is subject to the procedure established by law and the same cannot be expanded to include the fundamental right for a same-sex marriage to be recognized under the laws of the country which in fact mandate the contrary".

"Considerations of social morality are relevant in considering the validity of legislation and it is for the legislature to judge and enforce such social morality and public acceptance based on Indian ethos".

"Statutory recognition of marriage as a union between a 'man' and a 'woman' is intrinsically linked to the recognition of the heterogeneous institution of marriage and the acceptance of the Indian society based on its cultural and societal values".

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