The Centre has opposed the Supreme Court hearing pleas seeking recognition of same-sex marriage. In Centre's counter-affidavit in the SC, it said that decriminalisation of Section 377 IPC cannot give rise to a claim to seek recognition for same-sex marriage.
Living together as partners and having sexual relationship by same-sex individuals is not comparable with the Indian family unit concept of a husband, a wife and children, Centre told SC while opposing the pleas.
The Centre has said that the statutory recognition of marriage limited to heterosexual in nature is the norm throughout history and is foundational to both existence and continuance of the State.
"Hence, considering its social value, the State has a compelling interest in granting recognition to Heterosexual Marriage only to the exclusion of other forms of marriage/unions," said the counter-affidavit quoted by LiveLaw.
"The notion of marriage itself necessarily and inevitably presupposes a union between two persons of the opposite sex. This definition is socially, culturally and legally ingrained into the very idea and concept of marriage and ought not to be disturbed or diluted by judicial interpretation," said the Centre.
"It is submitted that at this stage it is necessary to recognise that while there may be various other forms of marriages or unions or personal understandings of relationships between individuals in a society, the State limits the recognition to the heterosexual form. The State does not recognise these other forms of marriages or unions or personal understandings of relationships between individual in society but the same are not unlawful," said the Centre.
The Centre also asserted that no fundamental rights are violated due to its non-recognition of the same-sex marriages.
The SC is scheduled to hear pleas seeking legal validation for same-sex marriage on Monday. A bench comprising Cheif Justice D.Y Chandrachud, Justice P.S Narasimha and Justice J.B Pardiwala is set to hear the pleas.
