The center on Thursday opposed any amendment to existing marriage laws to recognize same-sex marriages, saying such interference would “completely destroy the delicate balance of personal laws in the country.”
“The coexistence as partners and the sexual relationship of same-sex persons is not comparable to the Indian concept of the family unit of a husband, wife and children, which necessarily presupposes a biological man as ‘husband’, a biological woman as ‘wife’. and the children who came out of the union of the two, ”argued the center before the Delhi Supreme Court.
The landmark 2018 Supreme Court ruling decriminalizing consensual homosexual sex in India is “neither intended nor legitimized to legitimize the human behavior in question”.
In an affidavit tabled in response to petitions for same-sex marriage recognition, the central government said: “Despite the decriminalization of Section 377 of India’s Criminal Code (IPC), petitioners cannot claim a fundamental right to same-sex marriage recognition under the laws of the Landes “.
The Center argued that “same-sex marriage registration also leads to violations of existing personal and codified legal provisions – such as” Degree of Prohibited Relationship “; “Conditions of Marriage”; “Ceremonial and ritual requirements” according to the personal laws that regulate the individual “.
“Any interpretation other than treating” husband “as a biological man and” wife “as a biological woman will invalidate all legal provisions,” the government warned. adding, “In a same-sex marriage, it is neither possible nor feasible to refer to one as a” husband “and the other as a” wife “under the legislative system of various laws.”
The center also said that “the question of whether such a relationship may be formalized through legal recognition of marriage is essentially a matter for the legislature to decide and can never be the subject of a judicial decision.”
The High Court heard three separate petitions from same-sex couples to explain that the Special Marriage Act (SMA) and the Foreign Marriage Act (FMA) should apply to all couples regardless of their gender identity and sexual orientation.
A fourth petition on the matter, tabled in front of a bank by Justice Rajiv Sahai Endlaw and Justice Amit Bansal on Thursday, was tabled by four people who also alleged that the denial of same-sex marriage was a denial of rights imposed by the Framework of the constitution.
The High Court listed the requests to be heard on April 20th.
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