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

Source: The post is based on the article “Same-sex marriage is a ‘mere urban elitist view’: Government to SC” published in The Hindu on 18th April 2023

What is the News?

A five-judge Constitution Bench headed by Chief Justice of India (CJI) are hearing a batch of petitions seeking legal recognition for same-sex marriage.

What is the case about?

A petition has been filed in the Supreme Court seeking the right to marry for same-sex couples, which brings with it a host of rights, privileges, and obligations that are bestowed and protected by the law.

For instance, the right to adopt, or have children by surrogacy or assisted reproductive technology and automatic rights to inheritance, maintenance, and tax benefits are available only to married couples.

The petitioners have argued that non-recognition of same-sex marriage violates rights under Articles 14 (right to equality before law), 15 (right against discrimination on grounds of religion, race, caste, sex, place of birth), 19 (freedom of speech and expression), and 21 (protection of life and personal liberty) of the Constitution.

What are the arguments in favour and in against of same sex marriage?

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What is the stand of different organizations on same sex marriage?

The Delhi Commission For Protection of Child Rights (DCPCR) has supported the petition saying that same-sex family units are “normal” and that the government should intervene in taking steps to encourage such family units.

Recently, the Indian Psychiatric Society (IPS) came in support of the same-sex family units arguing it would promote their inclusion in society.IPS stance that homosexuality is not an illness – had played a key role in the 2018 judgment that decriminalized homosexuality.

What is the Central Government stand on same sex marriage?

The Central Government has opposed the same sex marriage.It has said that the demand for legal recognition of same-sex marriage is merely a voicing of “urban elitist views” for the purpose of social acceptance.

Government argued that if the court allows same sex marriage, it would amount to the “judicial creation of a social institution called ‘marriage’ of a different kind than contemplated in the existing law”.

Moreover, fundamental rights like the right to choose one’s sexual orientation as well as the right to privacy have already been protected under the Transgender Persons (Protection of Rights) Act, 2019.

Hence, any further creation of rights, recognition of relationships and giving legal sanctity to such relationships can be done only by the competent legislature and not by judicial adjudication.