3 states oppose pleas on same-sex marriage

Satya Prakash

New Delhi, May 10

The governments of Assam, Andhra Pradesh and Rajasthan have opposed the petitions before the Supreme Court seeking legal recognition for same-sex marriages in India, citing public opinion and “adverse implications” on the social and family system.

On the ninth day of hearing on the matter, Solicitor General Tushar Mehta told a Constitution Bench led by CJI DY Chandrachud that seven states had responded to the issue and three opposed it.

The governments of Uttar Pradesh, Maharashtra, Manipur and Sikkim sought more time to spell out their respective stand. The Centre had sought their response in view of the Constitution Bench hearing on the contentious issue.

Maintaining that the public mood in the state appeared to be against same-sex marriages, the Rajasthan Government cited a report of its Social Justice and Empowerment Department to say that same-sex marriages “will create imbalance in the social fabric, which can have far reaching adverse implications for the social and family system”.

It, however, said if two persons of the same sex voluntarily decided to live together, it couldn’t be termed wrong. If public opinion was in favour of same-sex marriages, the state legislature or Parliament would by now have taken steps to make a law on the same, it added.

The Andhra Pradesh Government said Hindu, Muslim and Christian religious heads consulted by it opposed same-sex marriages. The Assam Government said the matter called for wide-ranging discussions on various aspects of the institution of marriage as a social phenomenon. It said the legal understanding of marriage had been that of an agreement/contract between two persons of opposite genders. Opposing the petitions, it said marriage, divorce and ancillary subjects “fall under the Concurrent list of the Constitution and hence in the domain of the state legislature as much as it is in the domain of Parliament”.

Meanwhile, the Bench rejected a plea for recusal of CJI DY Chandrachud from hearing the case. The Centre told the top court that any constitutional declaration made by it on pleas seeking legal validation for same-sex marriages might not be a “correct course of action as the court will not be able to foresee, envisage, comprehend and deal with its fallout”.

Will create imbalance

Rajasthan: Will create imbalance in social fabric, can have adverse implications on social and family system

Andhra Pradesh: Consulted Hindu, Muslim and Christian religious heads, all against it

Assam: Matter calls for greater discussions on various aspects of institution of marriage