Centre opposes same-sex marriage in Delhi HC, says its recognition 'not a fundamental right'

Express News Service
NEW DELHI:  The Centre on Thursday informed the Delhi High Court that a same-sex couple cannot claim fundamental right for their marriage as having a sexual relationship by them is not comparable with the Indian family unit concept of a husband, wife and children.

Opposing petitions seeking same-sex marriages valid under the law, the Centre in its affidavit said: “Living together as partners and having sexual relationship by same-sex individual is not comparable with Indian family unit concept of a husband wife and children which necessarily presuppose a biological man as ‘husband’, a biological woman as ‘wife’ and children born out of union.”

It added: “While a marriage may be between two private individuals having a profound impact on their lives, it cannot be relegated to merely a concept within the domain of privacy of an individual.”

The Centre said the question as to whether same-sex relationships be permitted to be formalised by way of legal recognition of marriage is essentially a question to be decided by the legislature and can never be a subject matter of judicial adjudication.

“There exists a legitimate state interest in limiting the legal recognition of marriage to persons of opposite sexes only, and that it is for the legislature to judge and enforce such societal morality and public acceptance based upon Indian ethos.”