Centre Opposes Same-Sex Marriage Plea In Supreme Court, Files Affidavit

"Decriminalisation of Section 377 IPC cannot give rise to a claim to seek recognition for same-sex marriage," the centre said, according to a report by LiveLaw. It further said that living together of persons in same-sex relationships "cannot be compared to the Indian family concept of a husband, a wife and children born out of the union".

The Supreme Court is scheduled to hear a batch of pleas seeking legal validation for same-sex marriages tomorrow.?The apex court had, on January 6, clubbed and transferred to itself all such petitions pending before different high courts, including the Delhi High Court.?It had said the counsel appearing for the Centre and advocate Arundhati Katju, representing the petitioners, shall together prepare a common compilation of the written submissions, documents and precedents on which reliance would be placed during the course of the hearing.

The centre in its affidavit today stated that statutory recognition of marriage limited to heterosexual in nature, is the norm throughout history and are foundational to both the existence and continuance of the State. "It is submitted that at this stage it is necessary to recognise that while there may be various other forms of marriages or unions or personal understandings of relationships between individuals in a society, the State limits the recognition to the heterosexual form," it said.

It futher said that the special status given to heterosexual marriage cannot be construed as a discrimination against same-sex couples under Article 15(1) or as privileging of heterosexuality. "While it is certainly true that all citizens have a right to association under Article 19, there is no concomitant right that such associations must necessarily be granted legal recognition by the state," it added.

(With inputs from PTI)