Supreme Court
The Centre maintained its earlier position that same-sex marriage is incompatible with the idea of an ‘Indian family unit’, which it defined as a husband, a wife, and children born out of the union between the two.
The Centre urged the court to reject challenges to the current legal framework brought by LGBTQ+ couples, arguing that living together as partners and having a sexual relationship with same-sex people (which is now decriminalized) are still not comparable with the Indian family unit concept.
Additionally, the Centre claimed that registering same-sex marriages violates both personal and codified law prohibitions, including those pertaining to ‘degrees of banned relationships’, ‘conditions of marriage’, and ‘ceremonial and ritual requirements’ under personal laws governing the individuals.
“Marriage as a concept involves a relationship between two people of different sexes by necessity and necessity. This term should not be altered or modified by judicial interpretation since it is socially, culturally, and legally interwoven into the fundamental idea and concept of marriage”, stated the Center.
“Marriage creates an institution with its own public significance because it is a social institution from which several rights and liabilities flow. Seeking a declaration for marriage solemnization/registration has more implications than just legal recognition. Family issues extend far beyond the simple recognition and registration of marriages between people of the same gender”, It went on to say.
In recent months, at least four gay couples have petitioned the court to recognize same-sex marriages, setting the stage for a legal showdown with Prime Minister Narendra Modi’s union government.
The Supreme Court is scheduled to hear a batch of pleas seeking legal validation for same-sex marriage on March 13, 2023.
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