Centre Opposes Same-Sex Marriage In Delhi HC, Says Not A “Fundamental Right”

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In a recent development, the Centre on Thursday opposed the petitions seeking recognition and registration of same-sex marriages in the country and told the Delhi High Court that living together as partners and having sexual relationship by same-sex individuals is not comparable with the “Indian family unit concept”.

Opposing same sex marriages, the Centre said, “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 a affidavit.

The Centre also said despite that decriminalization of Section 377 under Indian Penal Code by the Supreme Court, the petitioners cannot claim a fundamental right for same-sex marriage under the laws of the country and that Article 21 is subject to the procedure established by law and “the same cannot be expanded to extend to include the fundamental right for a same sex marriage to be recognized under the laws of the country which in fact mandate the contrary.”

The Centre’s affidavit was filed in response to the high court notice on a petition seeking legal recognition of same-sex marriages, Hindustan Times reported.

The plea has contended that the Hindu Marriage Act does not distinguish between heterosexual and homosexual marriages if one were to go by how it is worded. It added the Act very clearly states that marriage can be solemnized between “any two Hindus”.

The petition was filed by members of the lesbian, gay, bisexual, transgender, and intersex community in September last year.

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