Same-sex marriages would create “complete havoc”, Centre tells Delhi HC today. Read about what the Centre said in its affidavit below.
Same-sex marriages: In India, marriages are not just between two people but importantly is an institution among biological man and woman. Yes, you heard it right the Centre said the above statement to the Delhi High Court today.
Same-sex marriages would create “complete havoc”
The centre denying same-sex marriage said that legal intervention will lead to “complete havoc with the delicate balance of personal laws”.
It said that only the husband and wife ( biological man and woman) will make a family other than that it will make all legal terms unworkable.
Talking about the judgement passed by the Supreme Court, the central government responded that ‘section 377’ only “decriminalised but did not legitimise it”.
It also stated that when the legislature restricted the legal recognition of marriage correlated with it to heterosexual couples, “it is not permissible for the court to override the same.”
Talking to Platocast, Aritra Chatterjee (she/they), trans-feminine and clinical psychology trainee (24) said, ” the kind of line on which the centre is offering the affidavit is saffronised fascism, misogamy and all the social problems are clubbed in one. The definition of marriage the centre has made is even more threatening to me. It is trying to propagate reproductive essentialism. The definitions are stigmatised but, it’s not surprising”.
Same-sex marriage is unacceptable in India, the centre in reference said that marriage is a socially recognised creating of a family between two individuals which is administered both by un-codified personal laws or codified statutory laws.
“I do not see marriage as the soul challenge for the LGBTQ community but there are other things to be looked into like,” she added.
Same-sex marriages in India
The centre in its affidavit said, “The acceptance of the institution of marriage between two individuals of the same gender is neither recognised nor accepted in any un-codified personal laws or any codified statutory laws.”
Saibal Bhattacharya (25) said, “the definition of marriage given by the centre is very offensive. I do not know if I want to get married in my life but I would be happy to know if I have an option and the basic right for all the heterosexual out there. Now the government is saying straight on my face that you do not have the rights and that is humiliating.”
“The question as to whether such a relationship be permitted to be formalised by way of a legal recognition of marriage is essentially a question to be decided by the legislature and can never be a subject matter of judicial adjudication,” the centre in reply to the plea by equal rights activist asking recognition of same-sex marriages below the Hindu Marriage Act (HMA) and the Special Marriage Act (SMA).
The plea was sent out by the equal rights activist Mitra and three others. But, Gopi Shankar M, Giti Thadani and G Oorvasi said that marriages of same-sex couples are not acceptable.
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