The
central government has opposed petitions before the Supreme Court seeking legal
recognition for same-sex marriages, saying that the issue has consequences and
it should be left to the legislature. The government also stated that
interfering with the present system “would cause complete havoc with the
delicate balance of personal laws in the country and in accepted societal
values”. The Centre also stated the “the notion of marriage itself necessarily
and inevitably presupposes a union between two persons of the opposite sex. The
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 decriminalization of Section 377 IPC cannot give rise to a claim to
a claim to seek recognition for same-sex marriage limited to heterosexual in
nature is the norm throughout history and is foundational to both existence and
continuance of the state, the Centre stated “hence, considering its social
value, the state has a compelling interest in granting recognition to
Heterosexual Marriage/unions,” the counter affidavit.
The
Centre cited “this organization of the building block of society is premised on
further continuance of the building blocks i.e. the family unit”. It stated
that though other forms of marriage might exist in the society which are not
unlawful, the Centre asserted that no fundamental rights were violated as it
did not recognize same-sex marriage and that it is open to the society to give
legal recognition in the form of union which the society considers to be a
typical building block for its existence.
On
March 13 the Supreme Court will hear pleas seeking legal
validation for same-sex marriage and the bench will comprise of Chief Justice
DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala who will hear the
pleas.