The Indian government opposes recognizing same-sex marriages, it stated in a filing to the Supreme Court on Sunday. It also urged the court to reject challenges to the current legal framework lodged by LGBT couples.
The Ministry of Law feels that while there are various forms of relationships in society, the legal recognition of marriage is only for heterosexual relationships and the state has a legitimate interest in maintaining this.
In the year 2018, India’s top court decriminalized homosexuality in a historic verdict by removing a colonial-era ban on gay sex. The current case is a further important development in LGBT rights in the country.
Almost 15 pleas by gay couples have been filed in recent months, asking the court to recognize same-sex marriages.
One of the petitions has been filed by Supriyo Chakraborty and Abhay Dang, two gay men from Hyderabad who have dated for almost a decade.
They contracted COVID-19 during the second wave of the pandemic and when they recovered, they decided to have a wedding ceremony to celebrate the ninth anniversary of their relationship. However, the plea pointed out that they still do not enjoy the rights of a married couple.
Another petition on same-sex marriages
Another petition filed by gay couple Parth Phiroze Mehrotra and Uday Raj pointed out that non-recognition of same-sex marriages is a violation of the right to quality under Article 14 and the right to life which falls under Article 21 of the Constitution.
Earlier, a bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala transferred every pending petition in several high courts seeking recognition of same-sex marriage to itself.
The Centre in its affidavit expressed that the registration of marriage of same-sex persons will lead to violation of existing personal and codified law provisions including ‘degrees of prohibited relationship’, ‘ceremonial and ritual requirements’, and ‘conditions of marriage’ under personal laws that govern an individual.
Referring to provisions of the Domestic Violence Act, the Centre submitted that it is not possible to make the above-quoted and other statutory provisions workable in same-sex marriage.
The government further added that even though same-sex relations are not unlawful, the State only recognizes heterosexual relationships as the mode of marriage.
On Monday Law Minister Kiren Rijiju said that the government does not interfere in the personal freedom and activities of individuals. However, the issue related to the institution of marriage is a matter of policy.
The Union of India’s affidavit has been drafted by Advocates Kanu Agrawal and Gaurang Bhushan and settled by the Solicitor General of India, Tushar Mehta.
The pleas relating to same-sex marriage have been referred to a five-judge Constitution bench by Chief Justice of India DY Chandrachud. The hearing in the case will take place on April 18 and will also be live-streamed on the Supreme Court website and YouTube.
