‘Urban elite concept’: Indian govt opposes same-sex marriage as SC to begin hearing

Reiterating its opposition to same-sex marriage, the Indian government has filed a plea asking the Supreme Court to quash a batch of petitions seeking legal validation, saying that the “creation of a new social institution” is beyond the ambit of the judiciary.

Calling the petitions seeking the right to same-sex marriage an “urban elitist concept far removed from social ethos of the country”, the submission filed by Solicitor General Tushar Mehta on Monday stated that recognition of marriage is essentially a legislative function and that the courts should refrain from deciding.

“A decision by the court in recognising the right of same-sex marriage would mean a virtual judicial rewriting of an entire branch of law. The court must refrain from passing such omnibus orders. Proper authority for the same is appropriate legislature...Given the fundamental social origin of these laws, any change in order to be legitimate would have to come from the bottom up and through legislation...a change cannot be compelled by judicial fiat and the best judge of the pace of change is the legislature itself,” stated the application.

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A bench headed by Chief Justice D Y Chandrachud has taken note of the submissions of Solicitor General Tushar Mehta,who mentioned the plea to decide a preliminary issue.

"Yes, it will be listed tomorrow (April 18)," the bench also comprising justices P S Narasimha and J B Pardiwala said.

The BJP-led government questioned the maintainability of the petitions, saying that concept of same-sex marriages, if allowed, will cause complete havoc with the delicate balance of personal laws and accepted societal values.

The constitutional bench, which also comprises S K Kaul, S Ravindra Bhat, P S Narasimha and Hima Kohli, will hear the petitions on Tuesday which were referred to a larger bench for an authoritative pronouncement on March 13 by the CJI-led bench, saying it is a very seminal issue.

The hearing and the outcome are expected to have significant ramifications in India where the opinions of common people and political parties have been divergent.

The apex court on November 25 last year had sought the Centre's response to separate pleas moved by two gay couples seeking enforcement of their right to marry and a direction to the authorities concerned to register their marriages under the Special Marriage Act.

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