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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

India’s central government opposes same-sex marriages; says it goes against a biological family relationship

India’s central government opposes same-sex marriages; says it goes against a biological family relationship

The Central Government has objected to applications filed in the Supreme Court by homosexual couples seeking legal recognition of same-sex marriage. The Central government stated in an affidavit filed before the Supreme Court on Sunday that living together as partners and having romantic relations by same-sex individuals is not directly analogous to the Indian family unit concept, which involves a biological man and biological woman with children born out of such wedlock. The affidavit was submitted in response to a series of petitions requesting that the right to marry the person of one’s choice be extended to LGBTQIA+ individuals as well.

Earlier, a panel of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala referred to itself all petitions seeking recognition of same-sex marriage pending before various High Courts.

The Centre stated in its affidavit that registering same-sex marriages would violate existing personal as well as codified law rules such as ‘degrees of prohibited relationship,’ ‘conditions of marriage,’ and ‘ceremonial and ritual requirements’ under personal laws regulating individuals. The administration further stressed that, while same-sex relationships are not illegal, the state only recognises heterosexual relationships as a kind of marriage.