New Delhi: The Centre’s recent filing to the Supreme Court of India reiterating its stance against same-sex marriage has sparked controversy and debate across the country. In its affidavit, the Centre stated that same-sex marriage is not compatible with the concept of an “Indian family unit,” which includes a husband, a wife, and children born out of their union. It argued that same-sex marriage violates existing personal and codified law provisions and cannot be recognized under the country’s legal framework.
Despite the decriminalization of Section 377 of the Indian Penal Code, which criminalized consensual same-sex relationships, the Centre has maintained that LGBTQ+ couples do not have a fundamental right to same-sex marriage. The affidavit urged the Supreme Court to reject the challenges to the current legal framework lodged by LGBTQ+ couples.
The Centre also claimed that living together as partners and having a sexual relationship, which is now decriminalized, is not comparable to the concept of an Indian family unit. It argued that marriage necessarily presupposes a union between two persons of the opposite sex and that this definition is ingrained into the very idea and concept of marriage.
The Centre further emphasized that the parties entering into marriage create an institution with its own public significance, and that seeking legal recognition for same-sex marriage has far-reaching ramifications beyond simple recognition. Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender, the affidavit added.
Several gay couples in recent months have asked the Supreme Court to recognize same-sex marriages, setting the stage for a legal face-off with the Narendra Modi-led Union Government. However, the Centre argued that it would not be permissible to change the entire legislative policy of the country deeply embedded in religious and societal norms. Amongst Hindus, marriage is a sacrament and a holy union for performance of reciprocal duties between a man and a woman. In Muslims, it is a contract, but again is envisaged only between a biological man and a biological woman.
The Centre’s stance on same-sex marriage has drawn criticism from LGBTQ+ activists and their supporters across India. Many believe that the Centre’s argument that same-sex marriage violates existing law provisions is outdated and discriminatory. The Indian LGBTQ+ community has fought for years for equal rights and recognition under the law, and the Centre’s recent filing is seen by many as a step back in this fight.
The Supreme Court’s decision on this matter will be closely watched, as it will have far-reaching consequences for the LGBTQ+ community in India. The legal recognition of same-sex marriage could go a long way in addressing the discrimination and stigma faced by the community, while the rejection of such recognition would further marginalize and isolate LGBTQ+ individuals in the country.
In conclusion, the Centre’s recent filing to the Supreme Court reiterating its stance against same-sex marriage has sparked debate and controversy across India. The LGBTQ+ community and their supporters view the Centre’s argument as outdated and discriminatory, while the Centre maintains that same-sex marriage violates existing law provisions and is not compatible with the concept of an Indian family unit. The Supreme Court’s decision on this matter will have far-reaching consequences for the LGBTQ+ community in India.