opposition to same-sex marriage; The central government says that the same practice is not a part of the Indian family system. A to Z Counsel

Circle Institute, New Delhi : The central government has shown opposition to the petitions demanding legal recognition of same-sex marriages. The Center has filed an affidavit in the Supreme Court saying that the practice of same-sex marriage does not conform to the Indian family system and values.

The Supreme Court will hear the petition demanding legal recognition of same-sex marriage today, Monday. Earlier, the central government has filed affidavits opposing same-sex marriage in the court. ‘Same-sex marriage practice will lead to complete destruction of the delicate balance of personal laws and accepted social values. According to Article 377 of the Indian Penal Code, since same-sex marriage is criminalized, the petitioners cannot claim that same-sex marriage is a fundamental right to be recognized by law. The practice of marriage between two same-sex persons is not recognized or accepted in any personal law or in any codified statutory law.

The concept of marriage essentially assumes a union between two persons of the opposite sex. The same interpretation is embedded in the concept of marriage socially, culturally and legally, but the judicial interpretation disturbs the work, as the central government has said. It should be remembered that giving recognition to human relations and providing rights is essentially a legal act. It can never be the subject of court decision. Therefore, the request made by the petitioners before the court is completely untenable and out of date, or the petition should be dismissed’, the Center has said.

Individual rules and regulations take care of all branches of religion. Marriage is a sacrament in Hinduism. There is a sacred bond between a man and a woman to carry out mutual duties. Marriage is a contract in the Muslim religion; Only that is expected only between a man and a woman. Therefore, without any basis in the jurisprudence of Indian incidental law, western decisions or references cannot be imported. Same-sex marriage concept cannot be compared with husband, wife and child or Indian family system’, the Centre’s affidavit has clarified.

The concept of marriage essentially assumes a union between two persons of the opposite sex. The same interpretation is embedded in the concept of marriage socially, culturally and legally, but judicial interpretation disturbs the work.

Petitioner’s demand for legal recognition

– Central Government’s affidavit filed against the petition

Supreme Court hearing on petition today