
As India's top court readies to hear a batch of pleas seeking validation for same-sex marriages, the nation's central government has submitted an affidavit opposing the step. The centre in its affidavit reportedly told the Supreme Court (SC) that same-sex relationships and heterosexual relationships are clearly distinct classes which cannot be treated identically.
On Monday (March 13th) the court was scheduled to hear pleas seeking the validation, and this submission comes just a day ahead.A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and J B Pardiwala will be presiding over the hearing.
LiveLaw reports that the centre in its affidavit stated that marriage between individuals of opposite sexes is "socially, culturally and legally ingrained into the very idea and concept of marriage and ought not to be disturbed or diluted by judicial interpretation."
"Living together as partners and having sexual relationship by same-sex individuals is not comparable with the Indian family unit concept of a husband, a wife and children which necessarily presuppose a biological man as a 'husband', a biological woman as a 'wife' and the children born out of the union between the two-who are reared by the biological man as father and the biologicalwomanasmother," it said.
In India, homosexual relationships were decriminalised on 6th September 2018.
Pushing for the recognition of only heterosexual marriages, it said that such marriages are "the norm throughout history" and claimed that they are "foundational to both the existence and continuance of the State."
It also claimed that giving legal recognition to same-sex marriages will give rise to complications in matters related to adoption, divorce, maintenance, inheritance, etc.
(With inputs from agencies)
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