On Thursday, the Centre told the Delhi High Court that same-sex marriage in India is not recognized or accepted, and living together as partners and having a sexual relationship by a same-sex couple is not comparable with the Indian family unit. The Centre filed a reply before the Delhi HC in a plea seeking legal recognition of same-sex marriage under Indian law, however, the Centre said that the marriage is two private individuals, but, it cannot be lower to solely a concept within the state of privacy of a single.
Further said in an affidavit that living together as partners & having a sexual relationship by the same-sex individual is not related with Indian family unit concept of a husband, wife & children which necessarily requires a biological man as ‘husband’, a biological woman as ‘wife’ and children born out of the union. The government said any intervention by a court in the spousal law based on personal laws will create “havoc” in society.
In an affidavit filed before a bench comprising justices Rajiv Sahai Endlaw and justice Amit Bansal, the government opposed pleas seeking legalisation of same-sex marriages. It said the order of the law says that “marriage is a bond between a biological man and a biological woman”.
The appeal filed by Abhijit Iyer-Mitra and others sought identification of same-sex marriages under several personal laws. The high court said that the matter will be next heard on 20 April.
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