Same-sex marriage not a fundamental right: Centre

New Delhi, February 25

The Centre on Thursday told the Delhi HC that there was no fundamental right to seek recognition for same-sex marriage. The government stated this in an affidavit filed in reply to a petition by same-sex couples seeking enforcement of fundamental right of choice of partner.

“Despite the decriminalisation of Section 377 of the IPC, the petitioners cannot claim a fundamental right for same-sex marriage being recognised under the laws of the country,” the affidavit stated. It said the fundamental right under Article 21 could not be expanded to include the fundamental right for same sex marriage.

“In India, marriage is not just a matter of union of two individuals but a solemn institution between a biological man and a biological woman,” the affidavit read. The Centre further stated that living together as partners and having sexual relationship with same-sex individuals, which was decriminalised now, was not comparable with the Indian family unit concept of a husband, wife and children.

It submitted that any interference with the marriage laws framed would cause complete havoc. — IANS