New Delhi: In the reply petition filed in the Supreme Court, it has been stated that same-sex marriage cannot be legally recognized under the Special Marriage Act.
Two same-sex couples have filed a case in the Supreme Court seeking legal recognition of same-sex consanguineous marriages under the Special Marriage Act. In those petitions, they demanded, “The right to choose a partner for marriage should be extended to the LGBTQ community. Not recognizing same-sex marriage is against the right to equality and the right to life. It is a violation of Article 14 and 21 of the Constitution. Therefore, our marriage should be recognized under the Special Marriage Act.”
A bench comprising Chief Justice DY Chandrachud and Justice Hima Koli, which heard the case, ordered the central government to respond to the petition. Solicitor General Tushar Mehta filed a reply on behalf of the central government in this case. It said, “Same-sex married life cannot be compared to the Indian family system. Children born to same-sex relatives cannot be compared to the prevailing family practice.
Family issues go beyond recognizing and registering same-sex marriages. Cohabitation and cohabitation of same-sex relatives may not be a crime now. But it cannot be compared to the Indian family unit system. A biological man-woman living together as husband and wife, and the children born and raised by them, are considered children, and the child-bearing woman is considered a mother.
A man and a woman united in marriage form a family of public importance. Family and community oriented. It includes many rights and responsibilities. Therefore, legal recognition of marriage involves various aspects. Therefore recognition of such a particular social relationship is not a fundamental right.
According to Article 19 of the Constitution, all citizens have the right to association. But such amalgamation should be given legal approval by the government. This may include an implicit sanction for such marriages under Article 21 on the right to liberty.
Recognizing same-sex marriage is against existing marriage laws. The status of such forbidden relationships is completely opposite to the status of marriages and customary rituals.
The only objective of the state is to recognize marriage as a legal relationship between a man and a woman representing husband and wife. The petitioners in this case have sought modification of the marriage and various matters connected therewith. Also, other provisions, including the Domestic Violence Act, cannot be applied to same-sex marriages.
The question that arises in this case is not whether the nature of the relationship sought by the petitioners can be accommodated within the existing legal framework. Rather, it is intended to modify laws aimed at restricting the benefits associated with the recognition of legally recognized marriages.
Heterosexual relationships are not illegal. However, the government recognizes only male-female marriages. Other types of marriages, private understandings between individuals are not recognized by the state. Nor is it illegal,” it said.
