Modi Government On Gay Marriage: The central government has opposed the demand for legal recognition of gay marriage. In the affidavit filed in the Supreme Court, the Center has said that doing so would be against India’s social beliefs and family system. There will also be many legal hurdles in this. On January 6 this year, the Supreme Court issued a notice to the Center on the issue of same-sex marriage. Along with this, the pending petitions in different High Courts were transferred to him.
Before the hearing in the Supreme Court on Monday (March 13), the Center has filed a reply on all 15 petitions. The Union Law Ministry has said that the concept of family in India is husband and wife and their children. Gay marriage is against this social belief. The marriage law passed by the Parliament and the traditions of different religions do not accept such a marriage.
‘All laws should be made on men and women only’
Kendra said, "With the recognition of such a marriage, it will be difficult to implement all the legal provisions like dowry, domestic violence law, divorce, alimony, dowry death. All these laws have been made considering a man as a husband and a woman as a wife." In some petitions filed in the Supreme Court, same-sex marriages have also been demanded to be registered under the Special Marriage Act.
SC gave a big decision in 2018
The petitioners say that in 2018, the Constitution Bench of the Supreme Court had struck down a part of Section 377 of the IPC that criminalized homosexuality. Because of this, a consensual homosexual relationship between two adults is no longer considered a crime. In such a situation, same-sex couples who wish to live together should also be allowed to marry legally.
‘Relationship and marriage are two different things’
Responding to this, the Center has said that decriminalizing consensual physical relations between same-sex adults and giving legal status to their marriage are two different things. The petitioners are telling this kind of marriage as their fundamental right, it is wrong. Monday’s bench of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala will hear their petitions. This bench may decide the contours of the detailed hearing to be held further.
These people have filed petitions
Those who filed the petition in the Supreme Court include gay couple Supriyo Chakraborty and Abhay Dang, Partha Firoz Mehrotra and Uday Raj Anand, besides many others. It has been said in these petitions that inter-religious and inter-caste marriages are protected in the Special Marriage Act. But gay couples have been discriminated against.
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