Same-sex marriage: Right to marry is not absolute, says Solicitor General


The Supreme Court began day four of its hearing on at least 15 petitions concerning the demand for marriage equality in India on Tuesday.

The petitioners were heard by the court on the final day of their arguments. Petitioners argued the value of family as well as the right to equality and life. On Tuesday, the CJI-led Bench on Special Marriage Act (SMA) interpretation stated, “…we don’t believe Parliament will enact anything….there may be unheard voices who want to preserve their way of life (religious aspect).”

The bench is debating whether to limit the case to only SMA interpretation because other aspects of marriage are governed by personal laws.

In a statement the Solicitor General said that even the petitioners’ prayers are extremely vague. Recognizing an union requires societal acceptance, which must be obtained through parliament. And if the court does it, it is detrimental to the LGBTQI community because you are imposing something against the will of the people. We must not forget the historical context that led to the institution of marriage.

Other religions, for the most part, have not codified it. I am on the social status that marriage provides… Any right that existed prior to recognition is regulated the moment it is recognized. When the law dictates when to marry, autonomy is lost.

The SG furthermore added “there are several shades of the spectrum…it is not just gays, lesbians etc.”