Same Sex Marriage Will Bring “Complete Havoc” on the Balance of Personal Laws, Says Centre

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Friday, 26th February 2021

The Centre has opposed same-sex marriage in Delhi High Court on Thursday claiming that marriages in India is not simply a union that is forged between any two individuals but is an institution wherein a biological male and female bring forth a family.

In an affidavit, the government stated that familial issues are way “beyond mere recognition and registration of marriage between people of the same gender.”

According to them, the concept of individuals belonging to the same sex living together “as partners and having a sexual relationship” does not compare with the concept of an Indian family unit which comprises of a husband, wife, and children born of the union.

The “husband” and “wife” here entails a biological man and a biological woman respectively, as per the government in their outright opposition of several petitions by couples of the same sex who filed their appeal to have legal recognition for their choice of partner.

The affidavit was filed after a plea was submitted by equal rights activists that sought such recognition of same-sex marriages under the Hindu Marriage Act (HMA) and the Special Marriage Act (SMA).

In the meantime, the high court was moved by four more people from the gay and lesbian community urging it to declare marriages between any two persons irrespective of their sex be formalized under the SMA. Three such pleas are already pending with the court.

A bench of Justices Rajiv Sahai Endlaw and Amit Bansal sought response from the Centre after they received petitions from three men and a woman who are urging that the court declare marriage of any two persons irrespective of sex, solemnized under the SMA and read down any gender or sexuality driven restrictions that may be present in the Act.

The News Talkie Bureau

Source:

NDTV