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- Same Sex Marriage Legal Recognition Petitions: Modi Govt To Supreme Court
New Delhi3 hours ago
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On April 18, a 5-member constitutional bench of the Supreme Court will hear the matter.
The Central Government said in the Supreme Court on Monday that the demand for legalization of same sex marriage is only of the urban elite class. This will affect the interests of common citizens. The government said that it is for the Parliament to decide on this. The court should stay away from judgment on this.
The Center submitted a second affidavit on same sex marriage and questioned the petitions filed in its favor. The government said that this is only the view of the urban elite class and the purpose of these petitions is only to give social acceptance to such marriages.
Marriage has a social significance in all religions. Marriage is considered a sacrament in Hinduism, even in Islam. Therefore, these petitions should be dismissed.
Four arguments of the government in the Supreme Court…
Why is the central government against the same sex marriage law?
The central government is against allowing same sex marriage. On this, the Center has filed an affidavit in the Supreme Court demanding dismissal of all the petitions. Understand in four points…
- The Central Government had said- Even though the Supreme Court has decriminalized Section 377 of the IPC, it does not mean that the petitioners claim the fundamental right to same sex marriage.
- The Central Government has told Same Sex Marriage against the concept of Indian family. The Center said same-sex marriage cannot be compared with the concept of children born to husband and wife in an Indian family.
- Even according to the law, same sex marriage cannot be recognized, because the definition of husband and wife has been given biologically. Accordingly, both have legal rights as well. How can husband and wife be considered separately in case of dispute in same sex marriage?
- In the court, the Center had said that giving legal recognition to same-sex marriages would create a lot of complications in issues related to adoption, divorce, maintenance, inheritance etc. All statutory provisions relating to these matters are based on marriage between a man and a woman.
Who are the petitioner couple?
One of the petitions related to giving legal recognition to same-sex marriage is of Supriyo and Abhay, a gay couple from Hyderabad. Couple has said in their petition that both have known each other for more than a decade and are in a relationship. Despite this, the rights that married people have got, they were deprived of those rights.
While the Supreme Court has been repeatedly reiterating that any adult person is free to marry the person of his/her choice and live life. Couple has said in their petition that many facilities ranging from surrogacy, adoption and tax benefits are available only to married people. They should also get such facilities.
The next hearing of the case will be tomorrow
On March 13, the Supreme Court had sent all the petitions related to same sex marriage to a five-judge constitutional bench. The bench comprises Chief Justice DY Chandrachud, Justice SK Kaul, Justice S Ravindra Bhat, Justice PS Narasimha and Justice Hima Kohli. This bench will start hearing these petitions on 18 April.
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