Centre has no data to prove same-sex marriage is an urban elitist concept, says Chief Justice of India

The Supreme Court of India said on Wednesday that just because more people from cities are coming out of the closet, same-sex marriages cannot be termed an urban elitist concept. The court was hearing arguments seeking legal sanction for gay marriages in the country. It trashed the Centre's submission that petitions seeking legal recognition of same-sex marriage merely reflect urban elitist views. The Centre does not have any data to show that this is an urban elitist concept, Chief Justice of India DY Chandrachud said.

"State cannot discriminate against an individual on the basis of a characteristic over which the individual does not have control. When you see it as innate characteristics, then it counters (argument of) the urban elitist concept... urban perhaps because more people are coming out of the closet. The government does not have any data also to show that same-sex marriage is an urban elitist concept," said the Chief Justice of India.

The court also countered another submission on the adoption rights of same-sex couples which said that it will have a psychological impact on the adopted children. It said that since one of the gay or lesbian couples can still adopt a child, the argument that this will create a psychological impact on the child is belied.

The Centre is against the Supreme Court hearing the matter of gay marriages and contends that only the legislature can decide on the creation of a new social relationship.

"Where the social consensus favours a particular definition of Marriage, the Legislature in giving sanction to that form is only discharging its duty of adhering to the will of the people. This unequivocal democratic will should not be negated by a judicial order," the Centre has said of the matter.

The Centre has said that what has been presented before the Supreme Court is a mere "urban-elitist view" for the purpose of "social acceptance". It stresses that "the competent legislature will have to take into account broader views and voice of all rural, semi-rural and urban population, views of religious denominations keeping in mind personal laws as well as and customs governing the field of marriage together with its inevitable cascading effects on several other statutes".

(With inputs from agencies)

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