Same-sex marriages will cause havoc, govt. tells HC Â
Context:
The Centre opposed any changes to the existing laws on marriage to recognise same-sex marriages, saying such interference would cause “a complete havoc with the delicate balance of personal laws in the country”.
Government’s Stand:
- Living together as partners and having sexual relationship by same-sex individuals is not comparable with the Indian family unit concept of a husband, a wife and children, which necessarily presuppose a biological man as a ‘husband’, a biological woman as a ‘wife’ and the children born out of their union.
- It said the 2018 judgment of the Supreme Court decriminalising homosexual sex was “neither intended to, nor did it in fact, legitimise the human conduct in question”.
- Despite the decriminalisation of Section 377 of the Indian Penal Code (IPC), the petitioners cannot claim a fundamental right for same-sex marriage being recognised under the laws of the country.
- Registration of marriage of same-sex persons also results in violation of existing personal as well as codified law provisions — such as ‘degrees of prohibited relationship’; ‘conditions of marriage’; ‘ceremonial and ritual requirements’ under the personal laws governing the individuals.
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