New Delhi: The Center has informed the Supreme Court that petitions seeking legal recognition of same-sex marriage reflect only urban elitist views and cannot be compared with an appropriate legislature that reflects views and voices of a wide spectrum and has been adopted across the country. Is spread.
The Centre’s submissions came in a fresh application before the Supreme Court on the issue relating to legal recognition of same-sex marriage and questioned the maintainability of the petitions as a preliminary issue that the prayers made would result in judicial creation of a social institution. A different kind of “marriage” is called for than is contemplated under the existing law.
A five-judge constitution bench of the Supreme Court will hear on April 18 various petitions seeking legal recognition of same-sex marriage.
The Center informed the top court that any further creation of rights, recognition of relationships and giving legal sanctity to such relationships can only be done by a competent legislature and not by a judicial award.
The Center said the petition legalizing the issue of same-sex marriage would have far-reaching implications.
The Center informed the Supreme Court that the legal recognition of same-sex marriage and its equivalence with the existing concept of marriage as an exclusively heterogeneous institution governed by the existing legal regime and a sanctity attached to it in every religion The question relating to, in the country, seriously affects the interests of every citizen. This raises important issues whether questions of such nature, which are essentially necessary for the creation of a new social institution, can be prayed for as a part of the process of judicial adjudication, the Center has told the Supreme Court. informed the
The Center further informed the court that the petitions seeking legal recognition of same-sex marriage reflect only urban elitist views and cannot be compared with an appropriate legislature which reflects views and voices of a wide spectrum and has been adopted across the country. Is spread.
The Center said that the institution of marriage is a recognition of the social union of two people, which would be accorded the sanctity associated with the institution of marriage. It is submitted that any law which recognizes the relationship of persons and thereafter confers legal sanctity, essentially involves the codification of social ethos, the common values cherished in society, the concept of family in religions and such other relevant factors are incorporated in the legal norms, the Center further said.
The Center said the petitioners seeking recognition of same-sex marriages do not represent the views of the entire population of the country.
“It would not really and cannot mean a majoritarian approach in law. This is the only constitutional approach acceptable under the Constitution, recognizing as an institution any socio-legal relationship with sanction under law. Competent legislature is the only constitutional organ which is aware of the above views. The petitioners do not represent the view of the entire population of the country,” the Center further said.
The Center submitted that which social relations shall be recognized by the appropriate Legislature is part of the legislative policy which should be decided by the representatives of the people as the representatives of the people are the proper democratic institution under Article 246. Among other things, the values cherished in the country in the concept of sanctity, social ethos, attached to the institution of marriage
Family and other such relevant considerations.
The Center further said that it cannot be denied that the Constitution provides for the power of judicial review. Nevertheless, judicial review should not become judicial law and personal laws in India essentially represent a social consensus by which certain norms have been crystallized into law.
The Center informed the top court that judicial intervention to create this new institution of same-sex marriage risks upsetting the balance as well as being out of jurisdiction.
Center further pointed out that same-sex marriage issues have been left to be decided by the government
competent legislature where social, psychological, religious and other influences
There can be debate on society.
It also has to be seen whether such recognition or construction will dilute the special status enjoyed by the heterodox institution of marriage across the country and ensure that the wider ramifications of recognizing such sacred relationships are debated from all angles and legalized states. The interest should be considered by the Legislature, the Center further said.
The Center submitted that though India is a country of many different religions, castes, sub-castes and schools of thought, personal laws and customs all recognize marriage only between heterosexual persons.
The institution of marriage is necessarily a social concept and there is a sanctity attached to the said institution under the relevant governing laws and customs as it is sanctified by law on the basis of social sanction. The Center submitted that social acceptance and adherence to social ethos, common values and shared beliefs in religions should not be confused with majoritarianism in the matter of recognition of the “socio-legal institution of marriage”. (ANI)
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