Same-sex marriage an urban elitist concept: Centre | India News

NEW DELHI: Dubbing the demand for recognition of same-sex marriage as an “urban elitist concept far removed from the social ethos of the country”, the Centre on Sunday questioned the Supreme Court’s competence to entertain petitions demanding extension of the concept of marriage beyond heterosexual unions and said it was tantamount to creating a new social institution.
Raising preliminary objections through an application filed two days before the scheduled hearing in front of a five-judge bench led by CJI D Y Chandrachud, the Centre said the petitioners, by demanding same-sex marriage rights, were advancing “mere urban elitist views for the purpose of social acceptance”.

“The competent legislature will have to take into account broader views and voice of all rural, semi-rural and urban population, views of religious denominations and also personal laws as well as customs governing the field of marriage,” it said, setting the stage for a conflict which will reverberate through the social-cultural arena and beyond it.
Marriage is an institution which can be created, recognised, conferred with legal sanctity, and regulated only by the competent legislature, the Centre said, digging in its heels for an intense fight with the judiciary which seems keen to build upon its order to de-criminalise sex between consenting adults to confer more rights on persons having alternative sexual orientation.

Stating that the apex court did not have the mandate either to create or recognise a new social institution like “same-sex marriage”, the Centre said the broadening of the concept of marriage could not be achieved by challenging the existing regime, which restricts the institution of marriage between a biological man and a biological woman, upon which several legislations are based.
It said, “Any further creation of rights, recognition of relationship and giving legal sanctity to such relationship can be done only by the competent legislature and not by judicial adjudication.”

“In light of the aforesaid facts and the law enunciated hereunder, the SC may first decide the maintainability of the petitions as a preliminary issue as the petitioners have sought creation of a new marriage institution which is different from the concept of marriage under numerous existing laws,” the Centre said.
“Question concerning legal recognition of same-sex marriage and its parity with the existing concept of marriage, which is an exclusively heterogeneous institution governed by existing legal regime and has a sanctity attached to it in every religion in the country, seriously affects the interests of every citizen,” it added.

“It raises critical issues as to whether questions of such a nature, which necessarily entail the creation of a new social institution, can be prayed for as a part of the process of judicial adjudication,” it said.
Recognition of human relations like that of ‘marriage’ was essentially a legislative function and the courts could not either create or recognise any institution like ‘marriage’ either by way of a judicial interpretation or striking down/reading down the existing legislative framework for marriages, which undoubtedly occupies the field, the Centre said.