The right to personal autonomy does not include a right person for the recognition of same sex marriage, says the centre.
The centre on 17 April 2023 told the supreme court that the demand for the legal recognition of same sex marriage is merely a voicing of “ Urban Elitists view” for the purpose of social acceptance .
The court should not try to judicially create a “new social nstitution” by endorsing same sex marriages. The judges should leave the task to the parliament the people would decive whether such a Marriage of a different kind is socially and religionly acceptable or not, the centre; said The government has filed this affidavit on the eve of hearing of the same sex marriage case before a constitution bench led by chief justice of ‘D.Y chandrachud’.
“THE LESS FUNDAMENTAL RIGHTS CLAIMED AS A MATTER OF FACT”
Creation or recognition of new social institution cannot be claimed as matter of right/choice, much less fundamental rights , The Centre said. The right to personal autonomy does not include a right for recognition of same sex marriage.
The court would adjudicate solely on the basis of petitions containing “elitist views”, while the legislature, on the other hand, would take into broader views and voices of the rural, semi-rural and urban population, the religious denominations, personal laws, customs and effect of same-sex unions on other laws governing marriage.
The existing concept of Marriage as a heterogeneous Institution has the sanctity of law and religion. The legal recognition of same sex marriage would ” seriously affect the interests of every Indian citizen. According to fundamental rights sexual orientation, as well as right of privacy have already been protected under the transgender persons.
“ACCORDING TO PROTECTION RIGHT ACT 2019”
(Protection of rights Act) , 2019 Any further creation of rights, recognition of relationship and giving legal sanctity to such relationships can be done only by the competent legislature and not by judicial adjudication, “the affidavit reasoned”.
Marriage is considered to be an aspect of social policy nation across the world .It is within remit appropriate legislature as the elected representatives of the people, to define it, recognize it, regulate it and the choice not to recognise same-sex marriage is simply a facet of the legislative policy,” the affidavit said.
In an earlier affidavit, the Centre had found the idea of same sex marriage a threat to the “holy union” of marriage between a biological man and a woman in India where the union is a “sacrament and a sanskar”.
VARSHA TIWARI (BJMC II)
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