Govt on same-sex marriages: ‘Seeking recognition of relationship not fundamental’
3 min read . Updated: 27 Apr 2023, 04:04 PM IST
Premium- Right to love, right to cohabit, right to choose a partner, right to have a sexual orientation is a fundamental right but there is no fundamental right to seek recognition of that relationship as a marriage or in any other name: The Solicitor General was heard arguing in the apex court
The Supreme Court of India has been hearing arguments in context with granting legal sanction to same-sex marriage. During the hearing, Solicitor General representing the Central Government stated that there is ‘ no fundamental right in seeking recognition of a relationship as a marriage’.
“Right to love, right to cohabit, right to choose a partner, right to have a sexual orientation is a fundamental right but there is no fundamental right to seek recognition of that relationship as a marriage or in any other name", Tushar Mehta was heard saying during the sixth day of the hearing.
Same-sex partners from around the country have approached the Supreme Court with a plea stating that same sex marriages should be legalised under the Special Marriage Act.
The Centre on Wednesday requested the apex court to consider leaving questions raised in the pleas seeking legal sanction for same sex marriages to Parliament.
Appearing for the Centre, Solicitor General Tushar Mehta told a five-judge constitution bench headed by Chief Justice D Y Chandrachud that the court is dealing with a "very complex subject", which has a "profound social impact".
The ruling government at the Centre has been opposed to granting legal sanction to same-sex marriages and has been arguing against the same in the Supreme Court of India.
The Centre has argued that same-sex marriage is essentially an ‘urban-elitist’ concept, an idea that has been arguably refuted by Chief Justice of India, DY Chandrachud.
Is marriage a fundamental right in India?
According to the Article 21 of the Constitution of India, Marriage is an element of the right to life. Article 21 of the Constitution guarantees the right to marry the person of one's choice.
"The role of society in deciding our choice of spouses is non-existent. "Article 21, which deals with the right to life and personal liberty, boasts a rather holistic provision that encompasses the inalienable right to marry the person of one's choice.
What are Fundamental Rights?
Fundamental Rights are a group of rights for the citizen of a country that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law.
In Indian Constitution the Fundamental Rights are
-Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment
-Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality).
-Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings.
-Right to freedom of conscience and free profession, practice, and propagation of religion.
-Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and
-Right to constitutional remedies for enforcement of Fundamental Rights
(With agency inputs)