’Will strike root of family system’ Former HC judges issues statement against legalising same-sex marriage

A group 21 former High Court judges has issued a statement against legalisation of same-sex marriage. The open letter by the former judges states that legalisation of same-sex marriage in India will have a devastating impact on society at large. "We respectfully urge the conscious members of the society including those who are pursuing the issue of same-sex marriage in Supreme Court to refrain from doing so in the best interest of Indian society and culture," reads the statement.

The 21 signatories of the open letter included former Chief Justice of Rajasthan High Court Justice (retired) SN Jha, Justice (retd) MM Kumar, former Chief Justice of Jammu and Kashmir High Court, Gujarat Lokayukta Justice (retd) SM Soni and Justice (retd) SN Dhingra.

"We are a group of former Judges, the conscientious and concerned citizens of India, having been exasperated and agonised over the continuous onslaught against the basic tenets of Bharatiya marriage traditions and family system by vested interest groups, write to you to draw your kind attention towards one such issue -- legalisation of same-sex marriage," the letter said.

The letter said the issue is being considered by the Supreme Court and has gained momentum in the recent past in the country after being referred to a Constitution Bench.

They further highlighted that the people of the nation who hail from various strata of society across regional and religious lines, are deeply shocked by this western-tinted outlook that is being superimposed on Bharatiya society and culture to weaken the family system

They added, "marriage as well as the family system in India is sui generis. They opined that legalising same-sex marriage will strike at the very root of the family system and thus will have a devastating impact on society at large."

Unfortunately, certain versed interest groups having no knowledge and regard of the civilisational importance of marriage have approached the court praying for legalising of same-sex marriage. Any attempt at weakening a great and time-tested institution should be opposed vociferously by society, the letter stated.

They further said, Indian cultural civilisation has constantly been attacked for centuries but survived against all odds. Now in independent India, the group of retired judges said it is facing attacks on its cultural roots by the superimposition of western thoughts, philosophies and practices.

"The cancerous problems that the West is facing are sought to be imported into Bharat by vested interest groups through the misuse of the judiciary as an institution in the name of the right to choose."

Citing a report on HIV-AIDS, the former judges wrote, "While perusing the discourse on the issue of same-sex marriage, it is pertinent to take lessons from nations across the globe, specifically, the American experience where as per its own official figures published by the Centers for Disease Control and Prevention in the HIV Surveillance Report, for 2019 and 2020, it has been reported that 70 percent of new HIV-AIDS incidence in the country was amongst the gay and bisexual men."

Further adding, they stated, that legalising same-sex marriage might lead to an exponential rise in the number of HIV-affected in the country.

"Giving priority to the right to choice and personal liberty over the right to life may cause severe consequences in the future."

They further claimed that recognition of same-sex marriage will change the entire gamut of all personal laws from marriage to adoption and succession. In the long run, there are serious concerns that the gene pool is also going to be weakened affecting the entire human race, especially in terms of collective herd immunity and progressive evolution.

The letter added, "Instead of having wide-range discussions and deliberations amongst the stakeholders and without there being any vociferous demand from any section of society, such a hasty judicial intervention is unfortunate, and totally unwarranted."

The letter added that an opinion of the society must be obtained to ensure that the law represent the wish of the society and not not the desire of few elite sections of the society.

"In view of the above, it is our concerted opinion that such a sensitive issue concerning the society at large be debated in the Parliament and State legislature as well. Even before bringing such kind of law, the opinion of the society must be obtained to ensure that the law must represent the wish of the society and do not fulfil the desire of few elite sections of the society," they wrote.

"We thus respectfully urge the conscious members of the society including those who are pursuing the issue of same-sex marriage in the Supreme Court to refrain from doing so in the best interest of Indian society and culture," urged the group of retired judges.

Meanwhile, the apex court posted the plea for arguments on 18 April. In its last arguments, the top court noted that legalising same sex marriage in India is a ‘seminal Issue’ and noted that a constitution bench of five judges would further make a decision on the plea. The court also informed that the proceedings before five-judge bench on same-sex marriage will be live-streamed. The Narendra Modi-led Bharatiya Janata Party (BJP) government at the Centre has opposed in the Supreme Court a batch of pleas seeking legal validation of same-sex marriage, saying it would cause complete havoc with the delicate balance of personal laws and accepted societal values. In an affidavit filed before the apex court, the government submitted that despite the decriminalisation 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.

The petitioners have cited that right to marry cannot be withheld from a section of people based solely on their sexual orientation. The batch of petitions challenge the provisions of the Hindu Marriage Act, Foreign Marriage Act and Special Marriage Act to the extent they do not recognize same-sex marriages.

The case is being seen as a milestone event for LGBT rights in the country. India's top court decriminalised homosexuality in 2018 by scrapping a colonial-era ban on gay sex.

If same sex marriage is legalised in India, then the country will become only the second Asian jurisdiction after Taiwan to recognise same-sex unions.

(With inputs from ANI)