Legalising same-sex marriage will have devastating impact on society: Former Judges

The legalisation of same-sex marriage in India will have a devastating impact on society at large, a group of former judges of High Courts said in a letter.

"We are a group of former Judges, the conscientious and concerned citizens of India, having been exasperated and agonised over the continuous onslaught against the basic tenets of Bharatiya marriage traditions and family system by vested interest groups, write to you to draw your kind attention towards one such issue -- legalisation of same-sex marriage," the letter read.

Of late, the issue has gained momentum after being referred to a Constitution Bench in the Supreme Court. "The people of the nation, hailing from various strata of society across regional and religious lines, are deeply shocked by this western-tinted outlook that is being superimposed on Bharatiya society and culture to weaken the family system," the letter said.

The marriage, as well as the family system in India, is sui generis and legalising same-sex marriage will strike at the very root of the family system, thereby having a devastating impact on society at large, the judges said.

Unfortunately, certain versed interest groups having no knowledge and regard of the civilisational importance of marriage have approached the court praying for legalising of same-sex marriage. Any attempt at weakening a great and time-tested institution should be opposed vociferously by society, the letter said. Indian cultural civilisation has constantly been attacked for centuries but survived against all odds. Now in independent India, the group of retired judges said it is facing attacks on its cultural roots by the superimposition of western thoughts, philosophies and practices.

"The cancerous problems that the West is facing are sought to be imported into Bharat by vested interest groups through the misuse of the judiciary as an institution in the name of the right to choose. While perusing the discourse on the issue of same-sex marriage, it is pertinent to take lessons from nations across the globe, specifically, the American experience where as per its own official figures published by the Centers for Disease Control and Prevention in the HIV Surveillance Report, for 2019 and 2020, it has been reported that 70 per cent of new HIV-AIDS incidence in the country was amongst the gay and bisexual men," the letter said.

Any attempt at weakening a great and time-tested institution should be opposed vociferously by society, the letter said.

Now in independent India, the group of retired judges said it is facing attacks on its cultural roots by the superimposition of western thoughts, philosophies and practices.

Earlier this month, the Supreme Court referred the pleas seeking legal validation of same-sex marriages to a five-judge constitution bench for adjudication, saying it is a "very seminal issue".

A bench headed by Chief Justice D Y Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other.

The Centre has opposed in the top court a batch of petitions seeking legal validation of same-sex marriages, claiming they will cause a "complete havoc" with the delicate balance of personal laws and accepted societal values.

With inputs from agencies