Amid the ongoing debate on same-sex marriage in the country, the Rashtriya Swayamsevak Sangh on Tuesday supported the Centre’s line, saying it considers marriage a ‘samskara’ in Hindu life, which is neither for pleasure or contract, but for social is for the good.
This comes after the Center in its affidavit opposing a plea to legalize same-sex marriage, said that same-sex persons living together as partners, which has now been decriminalised, is essential for the Indian family unit. is not comparable with and they are clearly different classes that cannot be treated equally.
Speaking to reporters, RSS general secretary Dattatreya Hosabale said that marriage can take place between two persons of the opposite sex.
“Marriages can take place between two opposite sexes. Marriage in Hindu life is ‘Samskara’, it is not for pleasure, nor is it a contract. Living together is different, but what is called marriage in Hindu life is one ‘rites’.” For thousands of years, that means two persons marry and live together not only for themselves but for the family and social good. Marriage is neither for sexual pleasure nor for contract,” he said.
The Center filed an affidavit countering the demand made by various petitioners seeking legal recognition of same-sex marriage. In the affidavit, the Center opposed the plea and said that the petitions seeking legal recognition of same-sex marriages should be dismissed as there is no merit in the same. these petitions.
Homosexual relationships and heterosexual relationships are clearly different categories that cannot be treated equally, the government said as part of its stand against a petition seeking legal recognition of LGBTQ marriages.
The Center in its affidavit said it is for the legislature to judge and enforce such social morality and public acceptance based on Indian ethos and added that Indian constitutional law jurisprudence cannot import western judgments in this context on any grounds. can be done.
In the affidavit, the Center apprised the Supreme Court that same-sex persons living together as partners, which has now been decriminalised, is not comparable with the Indian family unit concept of a husband, a wife and children . The Center submitted that the principle of legitimate interest of the State as an exception to life and liberty under Article 21 would be applicable to the present case.
The Center submitted that the statutory recognition of marriage between a “man” and a “woman” is intrinsically linked to the recognition of the heterogeneous institution of marriage and the acceptance of Indian society based on its own cultural and social values. recognized by the competent legislature.
“There is an intelligible distinction (normative basis) that separates those within the classification (heterosexual couples) from those that are omitted (same-sex couples). This classification has a rational relationship to the object sought to be attained. has been done (ensuring social stability through recognition of marriages),” the government said.
The Center submitted before the Supreme Court that the statutory recognition of marriage between a “man” and a “woman” is intrinsically linked to the recognition of the heterogeneous institution of marriage and the acceptance of Indian society on its cultural and social basis. Values that are recognized by the competent legislature In the latest development, the Supreme Court on Monday referred to a constitution bench various petitions seeking legal recognition of same-sex marriage.
A bench headed by Chief Justice of India DY Chandrachud listed the petitions seeking legal recognition of same-sex marriage to a five-judge constitution bench and said the hearing would be held on April 18.
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