‘Only union of biological man and woman can be solemnised’, Centre on same-sex marriages in India
The Centre opposed same-sex marriages in India at the Supreme Court. The Centre stated, “Living together as partners and having a sexual relationship by same-sex individuals (which is decriminalised now) is not comparable with the Indian family unit concept of a husband, a wife, and children which necessarily presuppose a biological man as a ‘husband’, a biological woman as a ‘wife’ and the children born out of the union between the two – who are reared by the biological man as a father and the biological woman as mother, the Centre today told the Supreme Court while opposing a plea seeking recognition of same-sex marriage in the country.”
It further argued that registration of marriage of same-sex persons also results in violation of existing personal as well as codified law provisions such as ‘degrees of prohibited relationship’; ‘conditions of marriage’; ‘ceremonial and ritual requirements’ under personal laws governing the individuals.
“The notion of marriage itself necessarily and inevitably presupposes a union between two persons of the opposite sex. This definition is socially, culturally, and legally ingrained into the very idea and concept of marriage and ought not to be disturbed or diluted by judicial interpretation,” the Centre said.
“The parties entering into marriage create an institution having its public significance, as it is a social institution from which several rights and liabilities flow. Seeking a declaration for solemnization/registration of marriage has more ramifications than simple legal recognition. Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender,” it added.
What if India legalised same-sex marriages?
This is a topic that has been debated for a long time in India now and has been the subject of many discussions in the country. But there are some pros and cons of India legalizing same-sex marriages.
The LGBTQ+ community would finally have the legal right to marry the person they love. This would be a huge victory for the community and would give them a sense of equality and acceptance in society. Another important aspect of legalising gay marriage in India would be the economic benefits that would come with it. Same-sex couples would be able to legally share their financial assets, which would help them build a better life together. Moreover, the wedding industry in India would also see a significant boost as more same-sex couples would be able to legally tie the knot.
The legalisation of same-sex marriage in India would also have a positive impact on mental health. Same-sex couples would no longer have to hide their relationships or live in fear of being ousted. This would lead to a decrease in depression and anxiety among the LGBTQ+ community, and an overall improvement in mental well-being. However, not everyone in India would be happy about the legalisation of same-sex marriages. There would be opposition from conservative groups and religious leaders who would argue that it goes against traditional values and beliefs. This opposition could lead to protests and demonstrations, and could even lead to violence in some cases.
Nevertheless, legalising gay marriage would be a huge step forward for India as a country. It would send a message to the world that India is a progressive and accepting country that values equality and human rights. It would also help to break down stereotypes and prejudices against the LGBTQ+ community and promote understanding and acceptance in society.
In conclusion, legalising same-sex marriage in India would have a significant impact on the country and its people. While there would be opposition from some groups, the benefits of legalising same–sex marriage would far outweigh the negative aspects. It would be a step towards equality, acceptance and progress in India and would help to make the country a more inclusive and welcoming place for everyone.
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