Same sex marriage opposed by Centre in Delhi High Court
On Thursday, the Centre filed an affidavit in the Delhi High Court that said that the Indian family cannot accept the sexual relationship by the same sex couple and them living as partners.
The Centre said while opposing the same sex marriages, “While a marriage may be between two private individuals having a profound impact on their private lives, it cannot be relegated to merely a concept within the domain of privacy of an individual.”
“Living together as partners & having sexual relationship by same sex individual is not comparable with Indian family unit concept of a husband, wife & children which necessarily presuppose a biological man as ‘husband’, a biological woman as ‘wife’ and children born out of union,” it further said in the affidavit.
The existing personal and codified law provisions are violated when the marriage of same sex persons is registered, the Centre said.
“It is submitted that the Parliament has designed and framed the marriage laws in the country, which are governed by the personal laws/codified laws relatable to customs of various religious communities, to recognise only the union of a man and a woman to be capable of religious sanction, and thereby claim legal and statutory sanction. It is submitted that any interference with the same would cause a complete havoc with the delicate balance of personal laws in the country,” the Centre said in the affidavit.
The government said that in same sex marriages, there is no possibility that whom to refer as husband and whom to refer as wife.
“Resultantly the statutory scheme of many statutory enactments will become otiose,” it said.
A petition was filed in the court for legal recognition of the same sex marriages. The Centre filed an affidavit in response to the High court notice.
In the plea it is said that the Hindu Marriage Act does not differentiate between heterosexual and homosexual marriages if it is seen by the way it is written.
The plea further added that the in the Act it is written that marriage can be between any two Hindus.
The petition was filed in September last year by members of Lesbian, Gay, Bisexual, Transgender and intersex community.