The Center on Sunday asked the Supreme Court to dismiss all petitions calling for the legalization of same-sex marriage, labeling it an “urban elitist concept” that is out of step with the social ethos of the nation, further adding that the recognition of marriage is primarily a legislative function over which the courts should refrain from a ruling.
The petitions’ maintainability was called into question by the Centre, which claimed that the arguments made before the court were merely urban elitist viewpoints held for the sake of social recognition.
“The competent legislature will have to take into account the broader views and voice of all rural, semi-rural, and urban population, views of religious denominations, personal laws, and customs governing the field of marriage, as well as the inevitable cascading effects on several other statutes,” the Centre stated.
Centre’s new affidavit filed in the Supreme Court before the hearing also states that petitions seeking legal recognition of same-sex marriage have far-reaching consequences and will cause “complete havoc” in society with a very thin line dangling between personal laws and accepted societal values.
Recognition Of Same-Sex Marriage
According to the affidavit, marriage is a socio-legal institution that can only be created, conferred, recognized with legal sanctity, and regulated by the competent legislature through an Act under Article 246 of the Indian Constitution.
“It is therefore submitted that it is the humble request of the applicant that the issues raised in this petition be left to the wisdom of the people’s elected representatives, who alone shall be the democratically viable and legitimate source through which any change in understanding and/or the creation/recognition of any new social institution can take place,” the Centre said according to a report issued by The New Indian Express.
Beginning on Tuesday, a five-judge Supreme Court constitution bench will hear a slew of petitions seeking legal recognition of same-sex marriage in the country.
A bench of Chief Justice D Y Chandrachud and Justices S Ravindra Bhat, Hima Kohli, S K Kaul, and P S Narasimha Hima Kohli will begin hearings on the petitions on April 18 after the CJI-led bench referred them on March 13 to a larger bench for an authoritative decision saying it is a very seminal issue.
The hearing and its conclusion will have far-reaching consequences for the country, where ordinary citizens and political parties hold opposing views on the issue.
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Gender
2023-04-17 11:36:13.0
Legalising Same-Sex Marriage Pleas Reflect ‘Urban Elitist’ Views: Centre to SC
