What is the Centre’s thrust on same-sex marriages

The Centre has urged the Supreme Court to reject pleas seeking to validate same-sex marriages. It does not fall under the ambit of an Indian family unit, the Centre also said.

The Indian government has opposed recognising same-sex marriages and said in a filing in the Supreme Court urging it to reject challenges to the current legal framework.

The thrust of the Centre is that marriage between a biological man and biological woman, is accepted statutorily, religiously and socially. Any recognised deviation of this human relationship can occur only before the competent legislature ... while a marriage may be between two private individuals having a profound impact on their private lives, it cannot be relegated to merely a concept within the domain of privacy of an individual when the question has legal consequences, the Centre has emphasised.

The Law Ministry believes that while there may be various forms of relationships in society, the legal recognition of marriage is for heterosexual relationships and the state has a legitimate interest in maintaining this.

"Living together as partners and having sexual relationship by same sex individuals is not comparable with the Indian family unit concept of a husband, a wife and children," the ministry said.

It further added that the court cannot be asked to change the entire legislative policy of the country deeply embedded in the religious and societal norms.

On September 7 2018, a 5-judge Bench of the Supreme Court invalidated Section 377 of the Indian Penal Code, hence making homosexuality not a punishable offence in India.

The Centre has since maintained that its earlier stand on same-sex marriages not compatible with the concept of an Indian family unit. It comprises a husband, a wife and children which necessarily presuppose a biological man as a husband, a biological woman as a wife and children born out of union between the two, who are reared by the biological man as father and biological woman as mother.

Marriages in India are governed by and are strictly restricted to heterosexual couples, a woman and man. Marriages in India are categorised under the Hindu Marriage Act, Christian Marriage Act, Muslim Marriage Act and Special Marriage Act.

None of these acts pertain to marriage between same-sex couple.

The Centre has said that living together as partners and having sexual relationship by same sex individuals is not comparable with the Indian family unit concept. It has urged the court to reject the current challenges to the legal framework lodged by the LGBTQ+ couples.

"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 also told the Supreme Court.

"The parties entering into marriage creates an institution having its own public significance, as it is a social institution from which several rights and liabilities flow. Seeking declaration for solemnisation/registration of marriage has more ramifications than simple legal recognition. Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender," the Centre said.