'Living together as partners not same as Indian family unit': Centre opposes same sex marriage in Delhi HC

Team SoOLEGAL 26 Feb 2021 4:10pm

'Living together as partners not same as Indian family unit': Centre opposes same sex marriage in Delhi HC

On Thursday, 25th February, 2021, Center had filed a response to the Delhi High Court on a PIL, which had asked for the recognition of same sex marriage under Hindu Marriage Act, by stating that, living together and have a sexual relationship by same sex couple is not acceptable in Indian family unit. This particular response of the Center was filed in the form of affidavit.

Two petitioners, Dr. Kavita Arora and Ankita Khanna had asked for enforcement of their fundamental right of choice of partner, after their marriage application under Special Marriage Act was dismissed on the ground that they are same-sex couple. 

According to the petitioners, there is no distinction between heterosexual and homosexual marriage under Hindu Marriage Act. The Act clearly states that, a marriage can be solemnized between any two Hindus.

The Center had stated that, although the Supreme Court has decriminalized Section 377 of India Penal Code, 1860, still the petitioner does not have any fundamental right for same sex marriage under Indian laws. The Center had also stated that, registration of same sex marriage also violates existing provisions of Personal as well as Codified law. The marriage as being a public concept, it also nationally as well internationally recognized as public recognition of a relationship in which several rights and obligations are included. The Center had also contended that, in same sex marriage, it is not possible to use the term husband and wife.

The Center had stated that, the Parliament has designed and adopted marriage laws in the country, which are regulated by Personal laws as well as Codified laws relating to practices of different religious groups, to accept only the union of a man and a woman who are capable of religious sanction, and thereby pursue lawful and statuary sanction. It was also stated by the Center that, any intervention with the said law would cause a complete destruction of the delicate balance of personal laws in the country. 

Tagged: Indian family   same sex marriage   Delhi HC   Hindu Marriage Act   Dr. Kavita Arora   Ankita Khanna   Special Marriage Act   India Penal Code   Section 377   Codified law   personal laws  
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