Centre opposes recognition of same-sex marriage in Supreme Court citing personal laws, societal values
1 year, 9 months ago

Centre opposes recognition of same-sex marriage in Supreme Court citing personal laws, societal values

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New Delhi: The Centre has opposed in the Supreme Court a batch of pleas seeking legal validation of same-sex marriage, saying it would cause a complete havoc with the delicate balance of personal laws and in accepted societal values. The Centre said, “It is submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country.” It said that even if such right is claimed under Article 21 of the Constitution, such right can be curtailed by competent legislature on permissible constitutional grounds including legitimate state interest. “It is submitted that there cannot be an untrammelled right under Article 21 and cannot override other constitutional principles,” the government said, adding that Parliament has designed and framed marriage laws, which are governed by personal laws/codified laws relatable to customs of various religious communities, to recognise only the union of a man and a woman to be capable of legal sanction, and thereby claim legal and statutory rights and consequences. The government said that the registration of marriage of same sex persons also results in violation of existing personal as well as codified law provisions such as “degrees of prohibited relationship”, “conditions of marriage” and “ceremonial and ritual requirements” under personal laws governing the individuals. “In our country, despite statutory recognition of the relationship of marriage between a biological man and a biological woman, marriage necessarily depends upon age-old customs, rituals, practices, cultural ethos and societal values”, it said.

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