Opposing Same-Sex Marriage In Court, Government Cites “Indian Ethos”

New Delhi –  Marriage in India is not just a union of two individuals but an institution between biological man and woman, the Centre told the Delhi High Court today while opposing same-sex marriage. It also said that judicial interference will cause “complete havoc with the delicate balance of personal laws”.

Any interpretation other than treating a husband as a biological man and a wife as a biological woman will make all statutory provisions unworkable, it said. Referring to a Supreme Court judgment, the Central Government said that it only decriminalised a particular behaviour and did not legitimise it. It said that marriage is essentially a socially recognized union of two individuals which is governed either by uncodified personal laws or codified statutory laws.

#ICYMI | The Centre's affidavit comes after four people belonging to the gay and lesbian community urged the #DelhiHC to declare that marriages between any two persons irrespective of their sex be solemnised under the #SpecialMarriageAct https://t.co/0zuRRDI4BU

— Firstpost (@firstpost) February 26, 2021

“The acceptance of the institution of marriage between two individuals of the same gender is neither recognized nor accepted in any uncodified personal laws or any codified statutory laws,” the Centre has said in its affidavit.

“The question as to whether such a relationship be permitted to be formalised by way of a legal recognition of marriage is essentially a question to be decided by the legislature and can never be a subject matter of judicial adjudication,” said the affidavit filed in response to a plea by equal rights activist seeking recognition of same-sex marriages under the Hindu Marriage Act (HMA) and the Special Marriage Act (SMA).