New Delhi (India), April 17, 2023: The Indian government has once again opposed legalizing same-sex marriage, calling it an “exclusively heterogenous institution” that is deeply rooted in the Indian social context.
In its submission to the Supreme Court, the Center argued that recognizing same-sex marriages would mean a virtual rewriting of an entire branch of law and must be left to the discretion of the legislature.
The government further stated that granting legal sanction to same-sex marriage “seriously affects the interests of every citizen” and must be decided by the “appropriate democratic institution.”
The center’s submission comes ahead of a five-judge Constitution bench of the Supreme Court hearing a clutch of petitions seeking legal recognition for same-sex marriages on Tuesday.
The government argued that the recognition of new social institutions “cannot be claimed as a matter of right or choice, much less a fundamental right,” and only the representatives of the people can decide which social relationships will be legally recognized.
It further contended that the Parliament must take into account the views of all populations, including religious denominations, before making any decision on same-sex marriage.
The government’s stance on same-sex marriage has sparked criticism from activists and the LGBTQ+ community, who argue that it is discriminatory and violates their fundamental rights.
As the debate rages on, the fate of same-sex couples in India hangs in the balance. Will the Supreme Court grant them the right to legal recognition and equal treatment under the law, or will the government’s conservative approach prevail? Only time will tell.
