Centre opposes same-sex marriage, tells SC 'it can't be compared with Indian family unit'
New Delhi, March 12: Centre has filed an affidavit opposing the petition for legal recognition of same-sex marriage, claiming that living together as partners by same-sex individuals, which is now legal, is not comparable with the Indian family unit and that they are clearly distinct classes that cannot be treated identically.
The Centre has filed an affidavit in response to various petitioners' requests for legal recognition of same-sex marriage. The Centre has filed an affidavit stating that petitions seeking legal recognition of same-sex couples should be dismissed because they lack merit.
As part of its opposition to the petition seeking legal recognition of LGBTQ marriage, the government stated that same-sex relationships and heterosexual relationships are clearly distinct classes that cannot be treated similarly.
The Centre stated in its affidavit that it is for the legislature to judge and enforce such societal morality and public acceptance based on Indian ethos and that western decisions without any basis in Indian constitutional law jurisprudence cannot be imported in this context.
The Centre informed the Supreme Court in the affidavit that living together as partners by same-sex individuals, which is now decriminalised, is not comparable with the Indian family unit concept of a husband, a wife, and children.
The Centre argued that the principles of legitimate state interest, which are an exception to life and liberty under Article 21, would apply in this case. The Centre argued that statutory recognition of marriage as a union between a "man" and a "woman" is inextricably linked to acceptance of the heterogeneous institution of marriage and acceptance of Indian society based on its own cultural and societal values recognised by the competent legislature.
"There is an intelligible differentia (normative basis) which distinguishes those within the classification (heterosexual couples) from those left out (same-sex couples). This classification has a rational relation with the object sought to be achieved (ensuring social stability via recognition of marriages)," the government stated.
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- ANI
