Parliament's decision on same sex marriage: Court should stay away from it, demand for legal recognition is only thinking of elite class

The Central Government said in the Supreme Court on Monday that the demand for legalization of same sex marriage is only of the urban elite class. This will affect the interests of common citizens. The government said that it is the job of the Parliament to decide on this and the court should stay away from the decision on this.

The Center submitted a second affidavit on same sex marriage and questioned the petitions filed in its favor. The government said that this is only the view of the urban elite class and the purpose of these petitions is to give social acceptance to such marriages. The Center has once again appealed to the court to dismiss these petitions.

Four arguments of the government in the Supreme Court...

The center said- the people's representative will take the opinion of rural, semi-rural, urban population and religious people on this matter. Laws and customs also have to be taken into account, which have a serious bearing on this issue.

The government appeals that the matter should be left to the representatives elected by the people. These are the democratic means through which the idea of ​​a new social institution can be created or recognized.

The Center said that the sensitive balance of personal law and social values ​​prevailing in the society will be completely destroyed if same-sex marriage is given legal recognition.

The government said- As far as giving it equal status to the existing marriage system is concerned, it will affect the interests of every citizen. If the court gives it legal recognition, it would mean that the judiciary is completely rewriting a law, which is not the job of the court.

The next hearing of the case will be tomorrow A 5-member constitutional bench of Chief Justice DY Chandrachud was hearing the matter. After hearing the Centre's arguments, the bench posted the matter for further hearing on April 18. Why is the central government against the same sex marriage law?

The central government is against allowing same sex marriage. On this, the Center has filed an affidavit in the Supreme Court demanding dismissal of all the petitions. Understand in four points...

The Central Government had said- Even though the Supreme Court has decriminalized Section 377 of the IPC, it does not mean that the petitioners claim the fundamental right to same sex marriage. The Central Government has told Same Sex Marriage against the concept of Indian family. The Center said same-sex marriage cannot be compared with the concept of children born to husband and wife in an Indian family.

Even according to the law, same sex marriage cannot be recognized, because in it the definition of husband and wife has been given biologically. Accordingly, both have legal rights as well. How can husband and wife be considered separately in case of dispute in same sex marriage?

In the court, the Center had said that giving legal recognition to same-sex marriages would create a lot of complications in issues related to adoption, divorce, maintenance, inheritance etc. All statutory provisions relating to these matters are based on marriage between a man and a woman.