Citing the “established opinion” that a marriage between a biological man and woman is a “holy union. Also, a sacrament, and a sanskar” in India, the Centre opposed same-sex marriage in the Supreme Court.
The institution of marriage has a sacred quality to it and is revered as a sacrament. The Centre stated in a 56-page affidavit submitted on March 12. It says “marriage inherently rests upon age-old customs, rituals, practices, cultural ethos, and societal values.” Despite statutory acknowledgment of the connection of marriage between a biological man and a biological woman.
Government’s claim:
The Central government claimed in an affidavit submitted to India’s top court on Sunday. That having a sexual relationship with someone of the same sex and living together as partners are not comparable to the concept of the Indian family. It entails a biological man and woman and children born out of such wedlock.
As per the submission, when two people get married, they establish a social institution with their own public importance. It is so because marriage is a social institution from which many rights and obligations follow.
Furthermore, the government emphasized, requesting a statement for solemnization or registration of marriage has implications beyond basic legal recognition.
The administration emphasised the fact that a specific type of social relationship cannot be recognised as a fundamental right.
According to the administration, a same-sex marriage cannot be compared to a couple raising children together as a family. Marriages between people of the same sex that are registered would also be in breach of existing provisions. In both personal and codified law.
Laws recognizing heterosexual marriage have historically been the norm. They are “foundational to both the existence and continuance of the state,” according to the statement. According to the government, it is in the “compelling interest” of both society and the state. To exclusively recognize heterosexual unions.
The affidavit was filed in response to the Court’s decision to review applications seeking to have same-sex marriages solemnized in accordance with the Special Marriage Act.
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