Indian Government Opposes Petitions Seeking Recognition of Same-Sex Marriage


The Central government has objected to petitions filed by same-sex couples seeking legal recognition of their marriages in India. In an affidavit submitted to the Supreme Court, the government argued that the concept of family in India is based on biological men and women with children born out of their union. It claimed that recognising same-sex marriages would violate existing laws on prohibited relationships, conditions of marriage, and ceremonial and ritual requirements. The government also argued that seeking a declaration for solemnisation/registration of marriage has more implications than mere legal recognition, creating an institution with its own social significance. While same-sex relationships are legal in India, the government does not recognise them as a mode of marriage. The affidavit was filed in response to a batch of petitions seeking recognition of same-sex marriage pending before the Supreme Court. The court had earlier transferred all such petitions to itself.

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