The matter of homosexual marriages should be handled by the Parliament and not by a Court : Union Govt

  • Hearing in Supreme Court on legal recognition of same-sex marriages
  • Man and woman is not an altruistic concept based only on their private parts – Supreme Court
(Image credit : Live Law)

New Delhi – The Union Government argued that same-sex marriage is a subject that should be handled by the Parliament rather than a Court.

The presumption of biologically being a man is an altruistic and integral matter. It is not an absolute concept of being a man or a woman biologically, nor is it a concept dependent on one’s private parts. It should be noted that the matter is more complex; therefore, although the Special Marriage Act talks about man and woman, it is certainly not based on only their private parts, stated the Chief Justice of India (CJI), D Y Chandrachud. The hearing of petitions on same-sex marriages started in the Supreme Court, before a 5-member Bench, on the 18th of April 2023 when he expressed the above view.

Advocate General Tushar Mehta presenting the Union Government said while refuting CJI’s views, that a biological man means a man with biological genitals. If the concept (concept of the difference between man and woman based on the genitals) is to be taken as a guiding factor for deciding about the sex of a person, I can show so many things that would be impossible to do. If I have a man’s genitals, and still, I am suggested to be a woman, what will the law decide about me, a woman ?

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