Same-sex marriage not compatible with Indian family unit: Centre to SC

(Last Updated On: March 13, 2023)

Guwahati: In a filing to the Supreme Court, the Centre maintained its stance that same-sex marriage is not compatible with the concept of an ‘Indian family unit’.

As per reports, the Centre argued that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country.

It further said that living together as partners and having a sexual relationship by the same-sex individuals is not comparable with the Indian family unit concept.

At least four gay couples in recent months have approached the court to recognise same-sex marriages.

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The Supreme Court, which is scheduled to hear the matter on Monday, is set to deliver a judgement that could have wide-ranging implications for the LGBTQ+ community in India.

The Centre argued that registration of marriage of same-sex persons also results in violation of existing personal as well as codified law provisions such as ‘degrees of prohibited relationship’; ‘conditions of marriage’; ‘ceremonial and ritual requirements’ under personal laws governing the individuals.

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“The notion of marriage itself necessarily and inevitably presupposes a union between two persons of the opposite sex. This definition is socially, culturally, and legally ingrained into the very idea and concept of marriage and ought not to be disturbed or diluted by judicial interpretation,” the Centre said.

It asked the court to reject the challenges to the current legal framework lodged by LGBTQ+ couples.

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