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Same Sex Marriage: Centre Opposes, files affidavit before SC to oppose legal recognition

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Batori24 Bureau
Batori24 Bureau
Batori24 is a Vernacular based Assamese news portal based in Guwahati Assam. We are a dedicated news channel covering news and stories across the globe with special reference to Assam, north-east along with National and International news.

Same Sex Marriage: The Centre filed an affidavit in the Supreme Court opposing the legalisation of same-sex marriage. According to Centre, same-sex relationships are clearly distinct from heterosexual relationships and should not be treated similarly. The affidavit also raised the ‘Indian family unit concept’ argument.

The Centre told the Supreme Court that same-sex individuals living together as partners, which the Court decriminalised, cannot be compared to the Indian family unit concept, which includes a husband, a wife, and children.

 

The Centre believes that family issues go beyond simply recognising and registering same-sex marriages, and that a family requires a biological man, a biological woman, and children born from their union. It also presented a belief that has been the subject of debate for quite some time. Marriage, according to the Centre, is a social institution with its own public significance.

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In presenting the legal arguments, Centre stated that there is no fundamental right to recognise same-sex marriages. It also stated that a marriage between people of the same gender may violate existing personal laws, and that the Domestic Violence Act is inapplicable in such cases.

However, the government has stated that it recognises same-sex relationships.

A bench of CJI DY Chandrachud and Justices PS Narasimha and JB Pardiwala transferred to the Supreme Court all petitions seeking recognition of same-sex marriage pending before various High Courts and asked the government to respond to these petitions. The issue was also raised in Parliament, and an affidavit has now been filed in response to these petitions.

Supriyo Chakraborty and Abhay Dang, as well as Parth Phiroze Mehrotra and Uday Raj, filed petitions arguing that the Supreme Court in the Puttaswamy case held that LGBTQIA+ people have the same right to equality, dignity, and privacy as all other citizens. According to the petitions, denying same-sex marriage recognition violates the right to quality under Article 14 and the right to life under Article 21 of the Constitution.

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