Seeking dismissalof petitions praying for recognition of same-sex marriages under existing laws, the Centre told the Delhi High Court that a marriage in India necessarily depends upon “age-old customs, rituals, practices, cultural ethos and societal values”, and that in reading down the provision of Section 377 of the IPC covering homosexuality, the Supreme Court had only decriminalised “a particular human behaviour” but “neither intended to, nor did in fact, legitimise the human conduct in question”.
Urging the court to dismiss the petitions, it said any interpretation other than treating a husband as a biological man and a wife as a biological woman will make all statutory provisions unworkable.
The Centre said that marriage is essentially a socially recognised union of two individuals, which is governed either by uncodified personal laws or codified statutory laws, while claiming that any judicial interference will cause “complete havoc with the delicate balance of personal laws”.
A bench of justices Rajiv Sahai Endlaw and Amit Bansal had sought the response of the Centre on the joint plea by three men and a woman, who urged the court to also declare that the SMA applies, regardless of sex, to any two persons who wish to marry by reading down any gender or sexuality-based restrictions contained in the Act.
“Despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage being recognised under the laws of the country,” the Centre’s affidavit read, as per Bar and Bench.
Arguing against courts examining the issue, the affidavit says power vests only in the “competent legislature” with the “legislative wisdom to enact a law”, which would govern human relationships. It added that “acceptance of the institution of marriage between two individuals of the same gender is neither recognised nor accepted in any uncodified personal laws or any codified statutory laws.”
