As the Supreme Court continues the daily hearing of the pleas about making same-sex marriages legal in India, at least three states have come out opposing the move.
On Wednesday, the Central Government, which had sought the SC to hear the sides of the states on the matter, told the Apex court that Rajasthan, Andhra Pradesh, and Assam have opposed the plea seeking legal sanction for same-sex marriages.
According to the government, seven states have responded to the issue of same-sex marriage, out of which three have opposed it. At the same time, Manipur, Uttar Pradesh, Maharashtra, and Sikkim, have said the issue needed a "very intense and expansive debate" and these state governments cannot submit their responses immediately.
Rajasthan government, in a submission, has said that legalising same-sex relationships will create imbalance in the social fabric, leading to widespread consequences for the social and family systems.
"The Department of Social Justice and Empowerment, Government of Rajasthan's report says that same-sex marriages will create an imbalance in the social fabric, leading to widespread consequences for the social and family system."
"The government circulated letters to District Collectors in state to know their views. The Collectors came to the view that there should not be a provision regarding same-sex marriages as the practice is not prevalent and is against public opinion in the state", the Rajasthan government told the SC, adding that if public opinion was in favour of same-sex marriages, the same would have been addressed by the Assembly of the state or the Parliament.
Assam has told the Union Law Ministry that the subject invokes new interpretations and challenges the validity of laws concerning marriage and personal laws enforced in the state with diverse cultures, creed, customs and religions.
It said while the matter calls for a wide-ranging discussion on various aspects of the institution of marriage as a social phenomenon, it may be said that even across societies, the legal understanding of marriage has been that of an agreement/contract between two persons of opposite genders.
"Further, it would be prudent to maintain that legislation is the prerogative of legislature, at Centre and in states, and the courts may like to view the matter in accordance with core principles of our democratic structure. The Legislature reflects the collective wisdom of the nation and its citizens, and it solely possesses the power to enact a law governing human relationships," the Assam government has said.
Andhra Pradesh government informed Union Law Ministry that it had consulted the heads of various religions in the state on same-sex marriage.
"After considering the above views, I am to inform that the state of Andhra Pradesh is against same-sex marriage and/or persons belonging to LGBTQIA+ community," it said.
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