The Centre has opposed the recognition of same-sex marriage in the Supreme Court of India. In its affidavit, the Centre has argued that the issue of same-sex marriage is a matter of personal laws and societal values and should not be decided by the judiciary.
It has further argued that the issue should be left to the Parliament to decide, as it is a matter of policy. The Centre has also stated that the Indian Constitution does not recognize same-sex marriage, and that any decision on the matter should be taken in accordance with the values and beliefs of the Indian society.
According to the government, a same-sex marriage cannot be compared to a couple raising children together as a family. The government argued that “living together as partners and having sexual encounters by same-sex individuals are not comparable with the Indian family unit concept of a husband, a wife, and children.
Marriages between people of the same sex that are registered would also be in breach of existing provisions of both personal and codified law.
“The marriage laws in the nation, which are governed by personal laws and codified laws relating to the customs of various religious communities, have been designed and framed by the Parliament to recognize only the union of a man and a woman as being capable of legal sanction and, therefore, claiming legal and statutory rights and consequences. The delicate balance of personal laws in the nation and widely held societal ideals would be completely upset by any tampering with the same”, the authorities said.
The Centre has further argued that the recognition of same-sex marriage would have a far-reaching impact on the society and on the institution of marriage. It has stated that the recognition of same-sex marriage would be contrary to the values and beliefs of the Indian society and would have a detrimental effect on the institution of marriage. The Centre has also argued that the recognition of same-sex marriage would lead to a breakdown of the traditional family structure and would have a negative impact on the social fabric of the country.
The Centre’s stance on the issue of same-sex marriage has been met with criticism from the LGBT community and their allies. They have argued that the Centre’s opposition to same-sex marriage is a violation of the fundamental rights of the LGBT community, and that the Centre should recognize the right of same-sex couples to marry. The Supreme Court is yet to take a decision on the matter.