The Central Government on Thursday informed the Delhi High Court 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.
"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 government reportedly said in their reply.
Opposing same-sex marriages, the Centre further said in its affidavit, "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."
The Centre said that the question as to whether same-sex relationships be permitted to be formalised by way of legal recognition of marriage is essentially a question to be decided by the legislature and can never be a subject matter of judicial adjudication.
"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 said.
The government also said that in a same-sex marriage, it is neither possible nor feasible to term one as husband and the other one as wife. "Resultantly the statutory scheme of many statutory enactments will become otiose," it said.
"Constitutional court can analyse the existing rights but can't create a new right by process of judicial adjudication. The prayer made by petitioner seeking legal recognition of same-sex marriage, wholly unsustainable, untenable and misplaced," Centre tells Delhi HC.
The Centre's affidavit was filed in response to the high court notice on a petition seeking legal recognition of same-sex marriages.
Delhi HC adjourns hearing of pleas till 20 April
The Delhi High Court earlier today adjourned various petitions which hearing for the petitions of same-sex marriages under the Hindu Marriage Act, the Special Marriage Act, and the Foreign Marriage Act to 20 April.
The government has informed the Delhi HC that it has prepared its reply to petitions seeking the legal recognition of same-sex marriage.
A Division Bench headed by Justice Rajiv Sahai Endlaw deferred the matter for April 20.
Subscribe to Mint Newsletters
* Enter a valid email
* Thank you for subscribing to our newsletter.