Govt opposes petitions for same-sex marriage: Here’s what happened in Delhi HC

Opposing the validation of same-sex marital unions, the Centre said any interference by a court in the marital statute based on personal laws will create “havoc” in society

A marriage in India can be recognised only if it is between a “biological man” and a “biological woman” capable of producing children, the Centre told the Delhi high court on Thursday. Here is all you need to know about the submission:

Representational Image. (HT archive)

• The Centre made it while opposing the validation of same-sex marital unions.

• The government said any interference by a court in the marital statute based on personal laws will create “havoc” in society.

• It added it will run afoul of the intent of the Parliament in framing the laws.

• The government said a fundamental right cannot be an “untrammelled right” and cannot override other constitutional principles.

• 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 laws mandate that “marriage is a bond between a biological man and a biological woman”.

• The institution of marriage has a sanctity attached to it and in major parts of the country it is regarded as a “sacrament,” the government argued.