“Same-Sex Marriage Is Incomparable With Indian Marriage Concept,” Says Centre To Delhi HC

Center on Thursday gave a response against the four pleas filed regarding the legalization of same-sex marriages. All the petitioners were demanding recognition of such marriages under the Special Marriages Act and also as a fundamental right to choose the partner.

According to Centre, marriage is not a private concept rather it’s a socially recognized institution and any interference could cause havoc to this.

What Did Centre Says In Affidavit?

A division bench comprised of Justice Amit Bansal and Justice Rajiv Sahai Endlaw are looking upon the entire matter. On Thursday, Centre has submitted an affidavit to the division bench of Delhi High Court in which it said that the present legislative framework mandate marriages that happen between opposite sex.

Opposing the pleas, the center further said that in India marriage purely depends on rituals, societal values, and customs.

However, the Centre has already decriminalized section 377 that criminalizes homosexuality but it doesn’t mean that marriage is legal between same-sex partners. Also, a court cannot make a new right or include the right to marry the same gender as a fundamental right said government.

In addition to this, the Centre also said same-sex marriage cannot be recognized or accepted under any personal laws either uncodified or codified statutory law. Legalizing homosexual marriages under the Special Marriage Act would disrupt the balance of personal laws and marriage laws belonging to people of different communities.

These views of the Centre have raised outrage among the public and users on social media are sharing their views regarding Centre’s orthodox views.

Who Filed The Petition?

The petition was first filed by Ankita Khanna and Dr. Kavita Arora followed by Parag Vijay Mehta and Abhijit Iyer Mitra. All the petitions were filed for recognition of same-sex marriage under different Acts- Special Marriage Act, Hindu Marriage Act, and Foreign Marriage Act.

The division bench will conduct a next hearing on the case on April 20.

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