Indian government opposes same-sex marriage, says ‘only husband and wife make a family’

The Centre has sought the dismissal of pleas to recognize same-sex marriages under the special marriage act, claiming that living together as partners and having a sexual relationship by a same-sex couple is not comparable with the Indian family unit concept of a husband, wife, and children.

In its affidavit to the Delhi High Court, the government responded, “Living together as partners and having sexual relationship by same sex individual is not comparable with Indian family unit concept of a husband, wife & children which necessarily presuppose a biological man as ‘husband’, a biological woman as ‘wife’ and children born out of union.” The centre said that in reading down the provision of Section 377 of the IPC covering homosexuality, the Supreme Court had only decriminalized “a particular human behaviour” but “neither intended to, nor did in fact, legitimise the human conduct in question.” Opposing same-sex marriages, the government added, “While a marriage may be between two private individuals having a profound impact on their private lives, it cannot be relegated to merely a concept within the domain of privacy of an individual.”

“It is submitted that the Parliament has designed and framed the marriage laws in the country, which are governed by the personal laws/codified laws relatable to customs of various religious communities, to recognise only the union of a man and a woman to be capable of religious sanction, and thereby claim legal and statutory sanction. It is submitted that any interference with the same would cause a complete havoc with the delicate balance of personal laws in the country,” the Centre informed Delhi HC.