New Delhi: The Supreme Court is hearing the same-sex marriage case today. Meanwhile, the central government requested to conduct the hearing in the month of April. The SC has then listed the matter for April 18. The court has used Article 145(3) in this case. The matter will be heard by a constitutional bench, which will consist of 5 judges.
New Delhi: The Supreme Court is hearing the same-sex marriage case today. Meanwhile, the central government requested to conduct the hearing in the month of April. The SC has then listed the matter for April 18. The court has used Article 145(3) in this case. The matter will be heard by a constitutional bench, which will consist of 5 judges.
Significantly, the central government has opposed giving legal recognition to same-sex marriages in the country. The Center has filed an affidavit in the Supreme Court saying that it is not in favor of giving legal recognition to gay marriage.
Earlier, the affidavit of the central government states that the government is not in its favor. The Center on Sunday filed a 56-page affidavit in the court stating that same sex marriage is not according to Indian tradition.Earlier, the Supreme Court had decided to simultaneously hear all the petitions filed in different High Courts including Delhi regarding this issue. On January 6, the court had transferred all the petitions related to this issue to itself.
The Center said in its affidavit that under Article 19, all citizens have the right to associate with anyone. But at the same time, it is not necessary that such relationships are recognized by the government. Marriage is an institution in law. Marriage has several statutory and other consequences under various legislative enactments. Therefore, any formal recognition of such human relations cannot be considered a mere matter of privacy between two adults.
The Center said that the institution of marriage between two persons of the same sex has not been recognized either in any uncodified personal laws or in any codified statutory laws. The Center said that the concept of marriage essentially entails a union between two persons of the opposite sex. This definition is socially, culturally and legally included in the concept of marriage and should not be changed.
In its 56-page affidavit, the government has said that the Supreme Court and the High Court have clarified the interpretation of personal liberty in several of their judgements. The Center said marriage cannot be left as a mere concept in the domain of an individual’s privacy, that too when it involves formalizing a relationship and the legal consequences arising out of it.
