New Delhi. The Center submitted a second affidavit on Same Sex Marriage and questioned the petitions filed in its favor. The government said that this is only the view of the urban elite class and the purpose of these petitions is only to give social acceptance to such marriages. Marriage has a social significance in all religions. Marriage is considered a sacrament in Hinduism, even in Islam. That’s why these petitions should be dismissed and the court should stay away from the decision on this. Let us tell you, on March 13, the Supreme Court had sent all the petitions related to same sex marriage to the constitutional bench of five judges. The bench comprises Chief Justice DY Chandrachud, Justice SK Kaul, Justice S Ravindra Bhat, Justice PS Narasimha and Justice Hima Kohli. This bench will start hearing these petitions on 18 April.
In fact, one of the petitions related to giving legal recognition to same-sex marriage is of Supriyo and Abhay, a gay couple from Hyderabad. Couple has said in their petition that both have known each other for more than a decade and are in a relationship. Despite this, the rights that married people have got, they were deprived of those rights. While the Supreme Court has been repeatedly reiterating that any adult person is free to marry the person of his/her choice and live life. Couple has said in their petition that many facilities ranging from surrogacy, adoption and tax benefits are available only to married people. They should also get such facilities. At the same time, in the petition, the gay couple gave their argument that due to non-recognition of gay marriage, we are not getting the benefit of many basic rights. There is also a problem in opening a joint account.
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The central government had said in the court, even according to the law, same sex marriage cannot be recognized, because the definition of husband and wife has been given biologically. Accordingly, both have legal rights as well. How can husband and wife be treated separately in case of dispute in same sex marriage. Whereas, even though the Supreme Court has decriminalized Section 377 of the IPC, it does not mean that the petitioners claim a fundamental right to same sex marriage.
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Also, the Center had said in the court that giving legal recognition to same-sex marriages would create a lot of complications in issues related to adoption, divorce, maintenance, inheritance etc. All statutory provisions relating to these matters are based on marriage between a man and a woman. The central government also said that same sex marriage is against the concept of Indian family. The Center said same-sex marriage cannot be compared with the concept of children born to husband and wife in an Indian family.
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