Centre opposes same-sex marriages ahead of SC hearing, says ’not comparable to Indian family unit’

Ahead of a Supreme Court hearing on the legalisation of same sex marriages, the move had received vehement opposition from the Centre. In a filing to the apex court the government said that such a move would not be ‘comparable with the Indian family unit’. The government opined that same-sex relationships and heterosexual relationships are clearly distinct classes which cannot be treated identically. 

The Centre's affidavit came as a counter to demands raised by several petitioners seeking legal recognition of same sex marriages. The Supreme Court is set to hear the case on Monday. The government asserted that the petition was “wholly unsustainable, untenable and misplaced”. 

"It must be kept in mind that granting recognition and conferring rights recognising human relations which has its consequences in law, and privileges, is in essence a legislative function and can never be the subject matter of judicial adjudication," it said.

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The government said that marriage was recognised “statutorily, religiously and socially” as a union between a man and a woman. It added that the heterogeneous institution of marriage was also accepted by the Indian society based upon its own cultural and societal values which are recognized by the competent legislature.

"There is an intelligible differentia (normative basis) which distinguishes those within the classification (heterosexual couples) from those left out (same-sex couples). This classification has a rational relation with the object sought to be achieved (ensuring social stability via recognition of marriages)," the government said.

The Centre said that despite the decriminalization of Section 377 of the Indian Penal Code, the petitioners “cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country”.

(With inputs from agencies)