The centre informed the Supreme Court that living together as partners by same-sex individuals, which is decriminalised now, is not comparable with the Indian family unit concept of a husband, a wife and children.
India
oi-Deepika S
The
Centre
has
filed
an
affidavit
before
the
Supreme
Court,
opposing
the
legal
recognition
of
same-sex
marriages
in
India.
The
government
said
that
same-sex
relationships
and
heterosexual
relationships
are
clearly
distinct
classes
which
cannot
be
treated
identically.
The
centre
informed
the
Supreme
Court
that
living
together
as
partners
by
same-sex
individuals,
which
is
decriminalised
now,
is
not
comparable
with
the
Indian
family
unit
concept
of
a
husband,
a
wife
and
children.
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’;
‘ceremonial
and
ritual
requirements’ under
personal
laws
governing
the
individuals,
the
centre
argued.
“The
notion
of
marriage
itself
necessarily
and
inevitably
presupposes
a
union
between
two
persons
of
the
opposite
sex.
This
definition
is
socially,
culturally,
and
legally
ingrained
into
the
very
idea
and
concept
of
marriage
and
ought
not
to
be
disturbed
or
diluted
by
judicial
interpretation,” the
Centre
said.
As
of
2021,
same-sex
marriage
is
not
legally
recognized
in
India.
In
2018,
the
Indian
Supreme
Court
struck
down
Section
377
of
the
Indian
Penal
Code,
which
criminalized
consensual
homosexual
sex,
but
the
ruling
did
not
legalize
same-sex
marriage.
There
have
been
efforts
to
legalize
same-sex
marriage
in
India,
with
the
introduction
of
the
Marriage
(Amendment)
Bill,
2021,
which
seeks
to
amend
the
Hindu
Marriage
Act,
1955,
the
Special
Marriage
Act,
1954,
and
the
Indian
Christian
Marriage
Act,
1872,
to
allow
for
same-sex
marriage.
However,
the
bill
has
not
yet
been
passed.
While
same-sex
marriage
is
not
yet
legally
recognized
in
India,
some
couples
have
had
symbolic
ceremonies
to
celebrate
their
love
and
commitment
to
each
other.
Additionally,
some
organizations
have
advocated
for
the
rights
of
LGBTQ+
individuals
in
India,
and
there
is
a
growing
acceptance
of
LGBTQ+
individuals
and
relationships
in
Indian
society.
Story first published: Sunday, March 12, 2023, 15:35 [IST]