On Sunday, the centre in filing to the Supreme Court stuck to its decision that same-sex marriage is not fitting with the concept of an "Indian family unit”, which the government said consist of a husband, a wife and children which presupposed a biological man as a husband, a biological woman as a "wife" and the children born out of the union between the two.
The government further added that despite the decriminalisation of Section 377 of the Indian penal code, the petitioners cannot ask for same-sex marriage to be recognised as a fundamental right under the law of the country.
In this affidavit, filed by the government before the Supreme Court, which is scheduled to hear the matter on Monday, the centre said living together as partners and having sexual relationships by same-sex marriage individuals (which is now decriminalized ) is not comparable with the Indian family unit concept, urging the court to reject challenge to the current legal framework lodged by LGBTQ+ couples.
The affidavit further argued that the registration of same-sex couple marriage couples will violate the existing personal as well as codified law provisions such as 'degree of provision relationship'; 'conditions of marriage'; 'ceremonial and ritual requirements' under personal laws governing the individuals.'
"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.
"The parties entering into marriage creates an institution having its public significance, as it is a social institution from which several rights and liabilities flow. Seeking a declaration for solemnisation/registration of marriage has more ramifications than simple legal recognition. Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender," it added.
"Amongst Hindus, it is a sacrament, a holy union for the performance of reciprocal duties between a man and a woman. In Muslims, it is a contract, but is envisaged only between a biological man and a biological woman. It will, therefore, not be permissible to pray for a writ of this court to change the entire legislative policy of the country deeply embedded in religious and societal norms," the government said in its affidavit.
Finally, the government said that same-sex marriage cannot be compared to a man and a woman living as a family with a child born out of this union.
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