Same-sex marriage will cause Havoc, the center told Delhi High Court
“The applicant cannot claim the fundamental rights for same-sex type marriages under state law”
Change in existing laws about marriage to recognize same-sex marriage
The center on Thursday opposed a change in existing laws about marriage to recognize same-sex marriage, by saying such interference will cause “complete chaos with the subtle balance of personal law in this country”.
Same-sex individuals not comparable to the concept of Indian family units
“Living together as a partner and has sexual relations by same-sex individuals not comparable to the concept of Indian family units from a husband, a wife and children who certainly assume a biological man as a ‘husband’, a biological woman as’ wife and Children born from the unity between the two, “the center believes in the Delhi High Court.
It was said that the assessment of 2018 landmarks from the Supreme Court declared the consensual homosexual sex in India was “not intended to do so, legitimizing the human behavior in question”.
Sec 377 from the Indian Penal Code (IPC)
In a written statement submitted in response to petitions who seek to recognize same-sex marriage, the central government said, “Despite the decline in Sec 377 from the Indian Penal Code (IPC), the applicant cannot claim the same rights for fellow marriages recognized under state law “.
Violations of the provisions of personal and existing laws
This center handed over that “registration of the same-sex marriage also produces violations of the provisions of personal and existing laws – such as ‘degrees of relations prohibited’; ‘marriage conditions’; ‘ceremonial and ritual requirements’ under personal law governing individuals “.
Context of the legislative scheme of various laws
“Another interpretation except treating ‘husband’ as a biological man and ‘wife’ as a biological woman will make all legal provisions that cannot be processed,” the government warns, “In a same-sex type marriage, it is impossible or feasible to make one as a ‘husband’ and the other as a ‘wife’ in the context of the legislative scheme of various laws”.
The center also says “the question of whether such relationships are permitted to be formalized by means of legal recognition basically is a question that must be decided by the legislature and will never be a lesson from the judicial adjudication”.
Special Marriage (SMA) and ACT Foreign marriages (FMA)
The High Court heard three separate petitions with same-sex partners who wanted to state that special marriage (SMA) and ACT foreign marriages (FMA) must apply to all couples regardless of their gender identity and their sexual orientation.
The fourth petition on the subject, who came to hear before the judiciary of Rajiv Sahai Endlaw and Justice Amit Bansal on Thursday, was submitted by four individuals who claimed that same-sex marriage was guaranteed below the constitution.
The High Court has registered a petition to hear on April 20.
