Centre, which has long opposed legalising same-sex marriages, said today that marriage is an “exclusively heterogenous institution” and that the decision to treat same-sex unions equally to traditional marriage “seriously affects the interests of every citizen.”
The government contended that the Court should refrain from issuing such “omnibus orders” because doing so would amount to a virtual judicial rewriting of an entire branch of law.
The government categorically said that marriages across all religions are “deeply rooted in the Indian social context and indeed are considered a sacrament in all branches of Hindu law.
Even in Islam, a legal marriage can only be formed between a biological male and a biological woman because it is a sacred agreement.
The Centre referred to the petitions as “mere urban elitist views for the purpose of social acceptance” and stated that the Parliament must consider the broader views and voices of all rural, semi-rural, and urban populations, as well as the views of religious denominations, keeping in mind personal laws as well.
A five-judge Constitution bench of the Supreme Court, comprising Chief Justice of India DY Chandrachud and Justices SK Kaul, Ravindra Bhat, Hima Kohli, and PS Narasimha, is likely to hear pleas seeking legal recognition for same-sex marriage.