Same-sex marriage is a ‘mere urban elitist view’: Government to SC

The Centre urged the top court to dismiss the batch of petitions stressing that the issues should be left to the wisdom of the elected representatives of the people.

same-sex marriage

Centre told the Supreme Court that recognising the right of same-sex marriage is beyond judicial adjudication and the petitions before the court reflect urban elitist views for the purpose of social acceptance.

A day ahead of the constitution bench hearing in the Supreme Court seeking recognition of same-sex marriage in India, the Centre urged the top court to dismiss the batch of petitions stressing that the issues should be left to the wisdom of the elected representatives of the people.

A five-judge constitution bench headed by Chief Justice of India D Y Chandrachud, Justice Sanjay Kishan Kaul, Justice P S Narsimha, Justice Hima Kohli and Justice S Narsimha is scheduled to hear the batch of petitions on April 18.

The court has been seized of 15 petitions demanding legal recognition for same-sex marriages.

Submitting a fresh application, Centre maintained that the petitions before the court reflect urban elitist views for the purpose of social acceptance.

LGBTQI Rights Activists Urge SC to Legalise Same-Sex Marriage

“A decision by the court in recognising the right of same sex marriage would mean a virtual judicial rewriting of an entire branch of law. The court must refrain from passing such omnibus orders. Proper authority for the same is appropriate legislature. Given the fundamental social origin of these laws, any change in order to be legitimate would have to come from the bottom up and through legislation a change cannot be compelled by judicial fiat and the best judge of the pace of change is the legislature itself,” stated the application.

“This is the only constitutional approach permissible under the Constitution while recognising any socio-legal relationship as an institution with sanction under the law. The competent legislature is the only constitutional organ which is aware of the above referred considerations. The petitioners do not represent the view of the entire population of the nation,” it added.

“Any encroachment on the legislative powers solely reserved for the elected representatives would be against the well-settled principles of ‘separation of powers’ which is held to be a part of the basic structure of the Constitution. Any such deviation from the concept of separation of powers would be thus, contrary to constitutional morality,” the application reads.

It further states that, “The institution of marriage is necessarily a social concept and a sanctity to the said institution is attached under the respective governing laws and customs as it is given sanctity by law on the basis of social acceptance. It is submitted that social acceptance and adherence to societal ethos, common values, shared beliefs across religions, in case of recognition of “socio-legal institution of marriage” is not be confused with majoritarianism.

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May 2024
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