The Vishva Hindu Parishad (VHP) in Tripura has written to the Chief Justice of the Supreme Court of India requesting that the issue of same-sex marriage not be hastily legalized.
The VHP argued that there is no urgent need to decide and determine the case at present when the country is still facing other significant issues in the socio-economic sphere.
In the letter, the VHP expressed their concern at the hastiness shown by the Supreme Court on this issue and urged the Chief Justice to undertake wider consultation with all stakeholders before legalizing same-sex marriage.
They claimed that the institution of marriage is not only a union of two heterosexuals but also the advancement of the human race. The term marriage, as defined in various scripts and writing and also enactments across religions, only refers to the marriage of two persons of the opposite sex.
The VHP argued that the rights of same-sex persons and transgender are already protected to a great extent by the Supreme Court of India in its judgments delivered in the case of NALSA (2014) and Navtej Johar (2018).
Therefore, it is not a case where this community is totally oppressed and unequal, as claimed by them. The VHP claimed that the backward classes in India are still marginalized and discriminated against due to caste.
They also claimed that the community seeking to create a right within the Special Marriage Act, 1954, when the said Act applies only to biological males and females, any attempt to read down/strike down any provision of the Act and to newly define a particular provision under the Act would clearly amount to rewriting the Act and taking over the power to legislate from the Executive.
The VHP's letter to the Chief Justice of the Supreme Court of India has sparked a heated debate across the country on the issue of same-sex marriage. Many people have come out in support of the VHP's position, arguing that marriage is a sacred institution that should only be between a man and a woman. Others have argued that denying same-sex couples the right to marry is a violation of their fundamental rights and goes against the principles of equality and non-discrimination.
The Supreme Court of India has yet to make a decision on the issue of same-sex marriage. However, the VHP's letter and the ensuing debate have highlighted the need for a broader conversation on the issue of LGBTQ+ rights in India and the role of the judiciary in protecting these rights.
