Centre says 'no' to same-sex marriage under special marriage act

Sprucing up a fresh controversy questioning the ethics behind same-sex marriage, the Centre has opposed pleas to recognise same-sex marriage under the special marriage act. In its affidavit filed in the Delhi High Court in pleas seeking to recognise same-sex marriage.

Centre said that there is a "larger legislative framework" that recognises marriage only as between a man and a woman.

"Personal laws recognise only heteronormative marriages. Interference in this would cause havoc," it said.

`Marriage a socially recognised institution`
The Centre further states that marriage is not only a private concept but a socially recognised institution with its own public significance.

"Despite the decriminalisation of Section 377 of the Indian Penal Code (IPC), the Petitioners cannot claim a fundamental right for same-sex marriage," said the Centre`s affidavit.

Centre further said that the decriminalisation of 377, "applies to aspects which would be covered within the personal private domain of individuals [akin to the right to privacy] and cannot include the public right in the nature of recognition of same-sex marriage and thereby legitimizing a particular human conduct".

Plea in Delhi HC for recognition to same-sex marriage

The Centre`s reply comes after four more people belonging to the gay and lesbian community urged the Delhi High Court on Thursday to declare that marriages between any two persons irrespective of their sex be solemnised under the Special Marriage Act (SMA).

The latest petition is in addition to three pleas already before the high court seeking recognition of same sex marriages under the SMA, Hindu Marriage Act (HMA)and Foreign Marriage Act (FMA), reported PTI.

In their plea, filed through advocates Meghna Mishra and Tahira from Karanjawala and Co law firm, the petitioners have also sought that the provisions in the SMA which require a `male` and a `female` for solemnisation of marriage be declared as unconstitutional unless they are read as "neutral to gender identity and sexual orientation".