Petitioners seeking legalisation of same-sex marriage represent only urban elitist views: Central government to Supreme Court

The Central government on Sunday filed an application in the same-sex marriage case before the Supreme Court asking the Court to first decide on the maintainability of the petitions.

The application by the Central government argued that the legislature's accountability is to the citizens and it should act in accordance with the popular will, particularly when it comes to personal laws.

"Where the social consensus favours a particular definition of Marriage, the Legislature in giving sanction to that form is only discharging its duty of adhering to the will of the people. This unequivocal democratic will should not be negated by a judicial order," it said.

The government said that the petitions represent "mere urban elitist views for the purpose of social acceptance" and the legislature will have to consider broader views.

"The competent legislature will have to take into account broader views and voice of all rural, semi-rural and urban population, views of religious denominations keeping in mind personal laws as well as and customs governing the field of marriage together with its inevitable cascading effects on several other statutes," it added.

It further stated that in making a law, parliament is presumed to know what is in the best interest of the people, doubly so in the case of personal law. Accordingly, it submitted that howsoever well intentioned a measure may be, it must not to be introduced in transgression of this basic principle.

The batch of pleas seeking recognition of same-sex marriage is due to be heard by a Constitution bench comprised of Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha and Hima Kohli on April 18.

The petitioners have sought the recognition of same-sex marriages under law, arguing that the right to marry a person of one’s choice should extend to LGBTQIA+ citizens as well.

The Central government had earlier filed an affidavit opposing the petitions.

In its affidavit, the Central government had said that living together as partners and having sexual relationship by same sex individuals is not comparable to the Indian family unit concept which involves biological man and biological woman with children born out of such wedlock.

Similar views were expressed by Islamic religious body Jamiat-Ulama-I-Hind, which said that notions like same sex marriage originate from western culture that have radical atheistic worldviews and the same should not be imposed on India.

However, the Delhi Commission for Protection of Child Rights (DCPCR) has supported the case of the petitioners, and said adoption and succession rights must be conferred on same-sex couples.