Centre opposes recognising same-sex marriage in Supreme Court, cites Indian family unit concept

The Centre continued its stance and opposed the pleas in the Supreme Court seeking recognition of same-sex marriage. The government in its counter-affidavit in the Apex Court said that same-sex marriage cannot be allowed and cited the the concept of Indian family unit.

The Centre in their affidavit said that the Indian family unit consists of a husband presumed as a biological man, a wife presumed as a biological woman, and children born from the union of the two. The Centre further said that same-sex marriage can’t be compared to same-sex marriage as the same-sex marriage goes against the family unit system.

The Central Government has also said that even according to the law, same-sex marriage cannot be recognized because in that also the definition of husband and wife has been given biologically and in accordance with that both have legal rights. The Centre further questioned if such a situation of the dispute arises in a same-sex marriage, how will the husband and wife be treated as separate?

The Central Government in its affidavit said that the notion of marriage presumes to be a union between two people of the opposite sex, and further highlighted that the definition is socially, culturally and legally instilled into the concept of marriage. The affidavit raised the caveat that judicial interpretations in recognition of same-sex marriage can dilute and disturb the concept of marriage.

The Centre also cited that at this juncture it is imperative to recognise that there may be various other forms of marriages or unions or personal understandings of relationships between individuals in a society. However, the Centre added that the State restricts the recognition to the heterosexual form.

In Centre’s counter affidavit, it highlighted that the State does not recognise other forms of marriages or unions or personal understandings of relationships between individuals in society but however highlighted that they are not unlawful.