Centre opposes legal recognition of same-sex marriage, cites Indian family unit concept

The centre informed the Supreme Court that living together as partners by same-sex individuals, which is decriminalised now, is not comparable with the Indian family unit concept of a husband, a wife and children.

The Centre has filed an affidavit before the Supreme Court, opposing the legal recognition of same-sex marriages in India. The government said that same-sex relationships and heterosexual relationships are clearly distinct classes which cannot be treated identically.

The centre informed the Supreme Court that living together as partners by same-sex individuals, which is decriminalised now, is not comparable with the Indian family unit concept of a husband, a wife and children.

The registration of marriage of same sex persons also results in violation of existing personal as well as codified law provisions such as 'degrees of prohibited relationship'; 'conditions of marriage'; 'ceremonial and ritual requirements' under personal laws governing the individuals, the centre argued.

"The notion of marriage itself necessarily and inevitably presupposes a union between two persons of the opposite sex. This definition is socially, culturally, and legally ingrained into the very idea and concept of marriage and ought not to be disturbed or diluted by judicial interpretation," the Centre said.

As of 2021, same-sex marriage is not legally recognized in India. In 2018, the Indian Supreme Court struck down Section 377 of the Indian Penal Code, which criminalized consensual homosexual sex, but the ruling did not legalize same-sex marriage.

There have been efforts to legalize same-sex marriage in India, with the introduction of the Marriage (Amendment) Bill, 2021, which seeks to amend the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Indian Christian Marriage Act, 1872, to allow for same-sex marriage. However, the bill has not yet been passed.

While same-sex marriage is not yet legally recognized in India, some couples have had symbolic ceremonies to celebrate their love and commitment to each other. Additionally, some organizations have advocated for the rights of LGBTQ+ individuals in India, and there is a growing acceptance of LGBTQ+ individuals and relationships in Indian society.