Centre calls same-sex marriage appeals ‘urban-elitist views’; a legislative not judicial matter
Strongly opposing the petitions seeking legal validation of same-sex marriage, the Government of India urged Supreme Court that the courts should leave the matter to Parliament. In its second affidavit filed on Sunday, the Government said the seeking legalization of “marriages of a different kind” should be left to the Parliament to decide. The Supreme Court on Monday agreed to hear on Tuesday a plea filed by the Centre questioning the maintainability of the petitions seeking legal validation of same-sex marriage.
“The competent legislature will have to take into account broader views and voice of all rural, semi-rural and urban population, views of religious denominations keeping in mind personal laws as well as and customs governing the field of marriage together with its inevitable cascading effects on several other statutes,” said the affidavit filed by Government of India.
“It is submitted that therefore, it is the humble request of the applicant the issues raised in the present petition be left to the wisdom of the elected representatives of the people who alone shall be the democratically viable and legitimate source through which any change in the understanding and/ or the creation/ recognition of any new social institution can take place,” said the government.
The affidavit stated that marriage is a socio-legal institution that can be created, recognized, conferred with legal sanctity, and regulated only by the competent legislature by way of an Act under Article 246 of the Constitution of India.[1]
A bench headed by Chief Justice D Y Chandrachud took note of the submissions of Solicitor General Tushar Mehta, who mentioned the plea to decide a preliminary issue. “Yes, it will be listed tomorrow,” the bench also comprising justices P S Narasimha and J B Pardiwala said.
Terming the petitions seeking legal validation of same-sex marriage as one which reflects an “urban elitist” view for the purpose of social acceptance, the Centre has told the Supreme Court that recognition of marriage is essentially a legislative function which the courts should refrain from deciding.
Questioning the maintainability of the petitions, the Centre has said that legal validation for same-sex marriages will cause complete havoc with the delicate balance of personal laws and accepted societal values. A five-judge Supreme Court constitution bench is scheduled to hear from Tuesday a batch of petitions seeking legal validation of same-sex marriages in the country.
A bench of Chief Justice D Y Chandrachud and justices S K Kaul, S Ravindra Bhat, P S Narasimha, and Hima Kohli will hear the petitions which were referred to a larger bench for an authoritative pronouncement on March 13 by the CJI-led bench, saying it is a very seminal issue. The hearing and the consequential outcome will significantly impact the country where common people and political parties hold divergent views on the subject.
The child rights body National Commission for Protection of Child Rights (NCPCR) also filed an affidavit objecting to the legalization. Many Muslim, Christian, and Jain organizations also filed affidavits objecting to the petitions seeking legal validation of same-sex marriages.[2]
Reference:
[1] Petitioners seeking legalisation of same-sex marriage represent only urban elitist views: Central government to Supreme Court – Apr 17, 2023, Bar and Bench
[2] Muslim, Christian & Jain leaders write to the Chief Justice of India & President; opposing same-sex marriage petitions – Mar 30, 2023, PGurus.com
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