12 Mar 2023

Central Govt Against Recognizing Same Sex Marriage; Affidavit Filed In Supreme Court


New Delhi: The central government has expressed its opposition to the recognition of same-sex marriage. The Center filed an affidavit regarding this in the Supreme Court on Sunday. The apex court is to hear on Monday the petitions filed for recognition of same sex marriage. Before this the affidavit of the central government states that the government is not in its favor of same sex marriages.

Such relations are not illegal

Opposing the petitions filed in the Supreme Court in this regard, the Center said that the decriminalization of Section 377 of the IPC cannot give credence to the claim seeking recognition for same-sex marriages. However, the Central Government also said in the same affidavit that despite not giving recognition, such relations are not illegal.

The central government called same sex marriage against nature. Also said that marriage of people of different sexes has been seen as ideal throughout history. The Center said the state was inclined to recognize only marriages between a man and a woman in view of its social importance. Apart from this, no other type of marriage should be recognized.

How can husband and wife be considered separately in same-sex marriage

The government said in the affidavit that even according to the mention in the law, same-sex marriage cannot be recognized, because the definition of husband and wife has been given in it biologically. Accordingly, both have legal rights as well. How can husband and wife be considered separately in case of dispute in same-sex marriage?

In its affidavit, the central government has also mentioned the present condition of the society. The Central Government said that at present there is mutual understanding of different types of marriages or relationships in the society. Despite all this, we are interested in recognizing only the heterosexual form. 

The Supreme Court will hear the petitions demanding legal recognition of same-sex marriages on Monday. The hearing will be held in a bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala. Earlier, on January 6, the apex court had transferred all such petitions pending before various high courts, including the Delhi High Court, to itself.

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