'It's Urban Elitist View': What The Centre Said About Legal Recognition Of Gay Marriages In India
The Centre has told the Supreme Court that the demand for same-sex marriage is a "mere urban elitist view for the purpose of social acceptance", and recognising the right of same-sex marriage would mean a virtual judicial rewriting of an entire branch of law.
Opposing before the Supreme Court a decision to examine the issue for granting legal sanction to same sex marriage, the Centre asked could a constitutional court legislate to create a separate socio-legal institution of marriage between persons not contemplated by the existing legislation.
"Inevitable cascading effects on several other statutes"
The Centre stressed that petitions which merely reflect urban elitist views cannot be compared with the appropriate legislature which reflects the views and voices of a far wider spectrum and expands across the country.?
"The competent legislature will have to take into account broader views and voice of all rural, semi-rural and urban population, views of religious denominations keeping in mind personal laws as well as and customs governing the field of marriage together with its inevitable cascading effects on several other statutes," the Centre said.
"Petition be left to the wisdom of the elected representatives of the people"
The submissions were made in an affidavit filed in response to a batch of pleas seeking legal validation of same-sex marriage.The affidavit stated that marriage is a socio-legal institution which can be created, recognised, conferred with legal sanctity and regulated only by the competent legislature by way of an Act under Article 246 of the Constitution of India.
"It is submitted that therefore, it is the humble request of the applicant the issues raised in the present petition be left to the wisdom of the elected representatives of the people who alone shall be the democratically viable and legitimate source through which any change in the understanding and/or the creation/recognition of the any new social institution can take place," the Centre said.
"Valid marriage only between a biological male and biological woman"
The Centre also cautioned that the ripple effects of such decisions are difficult to anticipate. "Under the scheme of our Constitution, the courts do not replace the policy of Legislature with its own. The exercise should only be `what is the law` and not what the law should have been," it said.
The Centre said: "This is because conventional and universally accepted socio-legal relationships like marriages across all religions, is deeply rooted in the Indian social context and indeed is considered a sacrament in all branches of Hindu law. Even in Islam, though it is a contract, it is a sacred contract and a valid marriage is only between a biological male and biological woman. It is submitted that the same is the position across all religions existing in India," it said.
SC to hear a batch petitions from tomorrow?
A five-judge Supreme Court constitution bench is scheduled to hear from Tuesday a batch of petitions seeking legal validation of same-sex marriage in the country.
A bench of Chief Justice D Y Chandrachud and justices S K Kaul, S Ravindra Bhat, P S Narasimha and Hima Kohli will commence the hearing on April 18 on the petitions which were referred to a larger bench for an authoritative pronouncement on March 13 by the CJI-led bench, saying it is very seminal issue.
The hearing and the consequential outcome will have significant ramifications for the country where common people and political parties hold divergent views on the subject.??
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