The Indian government has submitted a plea to the Supreme Court opposing same-sex marriage and seeking to dismiss a group of petitions seeking its legal recognition. The government argued that the creation of a new social institution is beyond the jurisdiction of the judiciary and recognition of marriage is essentially a legislative function. Solicitor General Tushar Mehta, who filed the submission on Monday, stated that the petitions seeking the right to same-sex marriage are an urban elitist concept far removed from the social ethos of the country.
According to the government, a decision by the court recognizing the right of same-sex marriage would mean a judicial rewriting of an entire branch of law and courts should refrain from deciding such matters. The government added that any change to marriage laws cannot be compelled by judicial fiat and must come from the legislature.
The bench, headed by Chief Justice D Y Chandrachud, took note of the submission and is scheduled to hear the petitions on April 18. The BJP-led government also questioned the maintainability of the petitions, stating that if same-sex marriages are allowed, it would cause complete havoc with personal laws and societal values.
The hearing and outcome of the case are expected to have significant ramifications in India, where opinions on same-sex marriage have been divergent among common people and political parties.
The Supreme Court had sought the Centre’s response to separate pleas by two gay couples seeking the enforcement of their right to marry and the registration of their marriages under the Special Marriage Act.
The constitutional bench, comprising S K Kaul, S Ravindra Bhat, P S Narasimha, Hima Kohli, and the CJI, had referred the case to a larger bench for an authoritative pronouncement on March 13, considering it a seminal issue.
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