The Centre has opposed the petitions seeking legal validation of same-sex marriage, stating that it reflects an "urban elitist" view. Urging the Supreme Court to refrain from deciding on the petitions, the Centre said that recognition of marriage is essentially a legislative function.
In the second counter affidavit filed in the Supreme Court, the Union Government submitted that marriage is "an exclusively heterogenous institution" and those asking for "marriage equality in India" merely represent "urban elitist views for the purpose of social acceptance."
A five-judge Supreme Court constitution bench is set to hear from Tuesday a batch of petitions seeking legal validation of same-sex marriage in the country. The petitions were referred to a larger bench for an authoritative pronouncement on March 13 by the CJI-led bench, saying it is very seminal issue.
The Centre also sought for the Apex Court to dismiss the batch of petitions on grounds of maintainability. "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," the Centre said.
The affidavit stated that marriage is a socio-legal institution which can be created, recognised, conferred with legal sanctity and regulated only by the competent legislature by way of an Act under Article 246 of the Constitution of India.
The courts cannot either create or recognise marriage either by way of a judicial interpretation or striking down or reading down the existing legislative framework for marriages, the Centre submitted in the affidavit.
"It is submitted that therefore, it is the humble request of the applicant the issues raised in the present petition be left to the wisdom of the elected representatives of the people who alone shall be the democratically viable and legitimate source through which any change in the understanding and/or the creation/recognition of the any new social institution can take place," the Centre said.
The Centre also submitted that it is not discrimination to exclude same sex marriages from institution of marriage because "conventional and universally accepted socio-legal relationships like marriages across all religions is deeply rooted in the Indian social context."
The Centre also argued that to give parity to same sex marriage would amount to comparing two "non-comparable classes".
