Same-sex marriage 'urban elitist' concept, judiciary can't legalize it: Centre
The Centre on Monday termed the demands for legal recognition of same-sex marriage as merely a voicing of "urban elitist views" for social acceptance. In an affidavit filed before the Supreme Court, it requested the court to dismiss a batch of petitions related to same-sex marriages. Reportedly, the government urged the court to leave the issue to Parliament as "the judiciary cannot legalize it."
Why does this story matter?
This comes a day before the Supreme Court's constitutional bench hearing on same-sex marriage recognition in India. As per rough estimates, there are about seven crore LGBTQ+ individuals living in India. Nevertheless, the government has repeatedly opposed the registration of same-sex marriages, even though the SC's 2018 judgment decriminalized gay consensual sex.
Centre questioned maintainability of pleas seeking recognization of same-sex marriage
A five-judge constitution bench headed by Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice P S Narsimha, Justice Hima Kohli, and Justice S Narsimha is scheduled to hear the batch of petitions on Tuesday. Notably, the Centre has questioned the maintainability of the pleas seeking legal recognition of same-sex marriage.
Leave same-sex marriage issue to parliament: Centre urges SC
While opposing the pleas, the Centre said the court should not try to judicially create a "new social institution" by endorsing "urban elitist views" of same-sex marriages. It urged that the judges leave the task to the Parliament for the people to decide whether such a "marriage of a different kind" is socially and religiously acceptable or not.
Same-sex marriage would 'seriously affect' interest of every citizen: Centre
The existing idea of marriage has the sanctity of law and religion, and legal recognition of same-sex marriage would "seriously affect the interests of every citizen," the Centre claimed in the affidavit. "Creation or recognition of a new social institution cannot be claimed as a matter of right/choice, much less a fundamental right," it said.
'Ability to choose sexual orientation already guaranteed under Transgender Act'
The government also maintained that fundamental rights such as the ability to choose one's sexual orientation and the right to privacy were already guaranteed by the Transgender Persons (Protection of Rights) Act of 2019. "Any further creation of rights, recognition of relationship and giving legal sanctity to such relationships can be done only by the competent legislature and not by judicial adjudication," it claimed.
Centre opposed same-sex marriage last month too
Last month, the Centre told the SC that the idea of same-sex marriage is a threat to the "sacred union" of the existing marriage system. "Seeking declaration for solemnization/registration of marriage has more ramifications than simple legal recognition. Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender," it added.
