The Supreme Court has agreed to hear a batch of petitions seeking extension of the right to marry a person of one’s choice for the people belonging to the LGBTQIA+ community.
Meanwhile, the Central government has opposed the petitions seeking recognition of same sex marriage under law, by way of an affidavit filed in the Apex Court on Sunday.
It said the concept of same sex individuals living together as partners and indulging in a sexual relationship (which has been decriminalised by the Apex Court) could not be compared to the Indian family unit concept, which involved a biological man and a biological woman having children after their union or out of wedlock.
The latter unit required a biological man as a ‘husband’, a biological woman as a ‘wife’ and the children born out of the union between the two, which were reared by both the husband and wife, it added.
The affidavit claimed that family issues were far beyond mere recognition and registration of marriage between persons belonging to the same gender..
It said the parties entering into a marriage created an institution having its own public significance as it was a social institution from which several rights and liabilities flowed.
The government said seeking declaration for solemnisation/registration of marriage would have more ramifications than simple legal recognition.
It further said that there could be no fundamental right for recognition of a particular form of social relationship.
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