Regarding same-sex marriage, the central government has told the Supreme Court in its reply that petitions requesting recognition of such marriages reflect urban elitist views. The Center has said that recognition of marriage is essentially a legislative act, which the courts should refrain from adjudicating. Questioning the maintainability of the petitions, the Center said that what has been presented before this court is just an urban elitist idea aimed at social acceptance. , The Center said that the competent legislature will have to take into account the broad views of all rural, semi-rural and urban populations and the views of religious sects. During this, the personal law as well as the customs governing the area of ​​marriage and its inevitable cascading effects on other laws have to be kept in mind. The central government made the submission in an affidavit filed in response to a batch of petitions seeking legal validity of same-sex marriage.

In the affidavit, the Center said that marriage is a socio-legal institution, which is guaranteed under Article of the Constitution of India. can be created, recognized, given legal validity and regulated only by the competent legislature through an Act under Is. Therefore, it is the humble request of the petitioner that the issues raised in this petition may be left to the discretion of the elected public representatives, as these representatives are the only democratically viable and legitimate source through which any new social organization can be formed, the Center said. The institution may be constituted/recognised and/or any change in the understanding thereof.

A five-judge constitution bench of the Supreme Court will hear on Tuesday petitions seeking legalization of same-sex marriage in the country. A bench of Chief Justice Justice DY Chandrachud, Justice SK Kaul, Justice S Ravindra Bhat, Justice PS Narasimha and Justice Hima Kohli will start hearing on these petitions on April. The Supreme Court dismissed these petitions had sent this constitution bench of five judges on March and said that this issue is of fundamental importance. The hearing and decision of this case will have a wide impact on the country, as common citizens and political parties hold different views on the subject.

Supreme Courtsame gender marriage newsPublished Date

Mon, Apr 17, 2023, 1: 14 PM IST