Centre opposes recognition of same-sex marriage

CITING PERSONAL LAWS, SOCIETAL VALUES | ‘Non-heterosexual forms of unions though not recognised are not unlawful’

NEW DELHI: The Centre has opposed in the Supreme Court a batch of pleas seeking legal validation of same-sex marriage, saying it would cause a complete havoc with the delicate balance of personal laws and in accepted societal values.

In an affidavit before the Supreme Court which is scheduled to hear the matter on Monday, the government submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for samesex marriage to be recognised under the laws of the country.

At the same time it submitted that though the Centre limits its recognition to heterosexual relationships, there may be other forms of marriages or unions or personal understandings of relationships between individuals in a society and these “are not unlawful”.

It said western decisions sans any basis in Indian constitutional law jurisprudence cannot be imported in this context, while asserting that granting recognition to human relations is a legislative function and can never be a subject of judicial adjudication.

“Marriage, as an institution in law, has many statutory and other consequences under various legislative enactments. Therefore, any formal recognition of such human relationship cannot be regarded as just a privacy issue between two adults,” it said.

The Centre said the institution of marriage between two individuals of the same gender is neither recognised nor accepted in any uncodified personal laws or any codified statutory laws.