Same-Sex Marriage: Seven states responded to the Centre on the issue
The Government of India on Wednesday told the Supreme Court it has received responses from seven states on the issue of same-sex marriage and the Governments of Rajasthan, Andhra Pradesh, and Assam have opposed the petitioners’ contention seeking legal validation for such wedlock. Solicitor General Tushar Mehta, appearing for the Central government, told a five-judge constitution bench headed by Chief Justice D Y Chandrachud that states like Manipur, Uttar Pradesh, Maharashtra, and Sikkim have said the issue needed a “very intense and expansive debate” and they would not be able to submit their responses immediately.
The Central government had, in an affidavit filed in the top court earlier, said it had issued a letter on April 18 to all states inviting comments and views on the “seminal issue” raised in these petitions. “At the outset, I had said that we have written letters to the state governments. There are seven responses, I am not reading them, from Manipur, Andhra Pradesh, Uttar Pradesh, Maharashtra, Assam, Sikkim, and Rajasthan. I am placing them on record,” Mehta told the bench, which also comprised Justices S K Kaul, S R Bhat, Hima Kohli, and P S Narasimha, on Wednesday.
“Rajasthan takes the position that we have examined it and we are opposed to the position which the petitioners are taking,” he said, adding some states have said the issue needed a “very intense and expansive debate and we would not be able to respond immediately.” The bench was hearing arguments for the ninth day on a batch of petitions seeking legal validation for same-sex marriage. The arguments remained inconclusive and will continue on Thursday.
Responding to the Central government’s letter for views of the state governments on this issue, the state of Manipur has said its views or comments on this matter will require a detailed assessment of the existing social customs, practices, values, rules, etc that may be prevalent in different sections of the society.
Similarly, in its communication to the Union Law Ministry, the state of Andhra Pradesh said it has consulted the heads of various religions in the state on same-sex marriage. Referring to their opinions, the special chief secretary to the government of Andhra Pradesh has said, “After considering the above views, I am to inform that the state of Andhra Pradesh is against the same-sex marriage and/or persons belonging to LGBTQIA+ community”.
In its communication to the Union Law Ministry, the state of Uttar Pradesh has said the question involved in these petitions is a “sensitive subject” affecting various sections of society and different religious denominations. “The state government cannot formulate its comprehensive response without wide consultation with all sections of the society. Hence, it would not be possible for the state government to provide any comprehensive response in such a short period of time,” it said while seeking additional time to prepare a proper response.
The Maharashtra government, in its communication to the Union Law Ministry, has said the State would have to hold detailed and meaningful consultations with a cross-section of society. The state of Assam has told the Union Law Ministry that the subject invokes new interpretations and challenges the validity of laws concerning marriage and personal laws enforced in the state with diverse cultures, creeds, customs, and religions.
“Further, it would be prudent to maintain that legislation is the prerogative of legislature, at the Centre and in states, and the courts may like to view the matter in accordance with core principles of our democratic structure. The Legislature reflects the collective wisdom of the nation and its citizens, and it solely possesses the power to enact a law governing human relationships,” the Assam government has said. It said marriage, divorce, and ancillary subjects fall under entry 5 of the Concurrent list of the Constitution and hence, it is also in the domain of the state legislature in a manner that it is in the domain of Parliament.
PGurus is now on Telegram. Click here to join our channel and stay updated with all the latest news and views
For all the latest updates, download PGurus App.
- Subramanian Swamy approaches Supreme Court on Govt’s modification of 2G Scam Judgment to avoid auction of Satellite Spectrum - April 23, 2024
- Defence Minister Rajnath Singh visits Siachen. Reviews military preparedness - April 22, 2024
- Amit Shah’s shares in the Stock Market almost doubled in the past five years - April 21, 2024
