Kiren Rijiju wants matter on same-sex marriage to be debated in Parliament
The Union law and justice minister was speaking at an event when he shared his opinion on the ongoing matter related to the recognition of same-sex marriage
Union law and justice minister Kiren Rijiju said the matter related to same-sex marriage should be left to the wisdom of the people. He further added that Parliament is the reflection of people's ideas, visions and choices and the matter related to governing the civil aspects of the institution of marriage needs to be debated in the Parliament.
“If any law, passed by the Parliament, is not following the spirit of the Constitution, the Supreme Court has an option to alter that, pass an adverse judgement or refer it back to the Parliament,” Rijiju argued while speaking at the India Today Conclave 2023.
Also read: Centre opposes legal recognition of same-sex marriage, says not ‘the norm’
The Union minister referred to Article 142 of the Constitution and said the top court can pass a judgement which becomes the law of the land. However when it comes to the policy, the people of India will decide how the future should be governed, he added.
Article 142 gives the apex court a discretionary power to pass a decree or order, applicable throughout the territory of India, which is to be seen in line with a law passed by the Parliament till the time a provision in the matter is made.
The Supreme Court recently referred a batch of petition seeking recognition of same-sex marriage to a five-judge bench and set down the matter for final arguments before a Constitution bench from April 18. The Centre had argued that legal validation of same-sex marital unions will cause “complete havoc” with the delicate balance of personal laws in the country and in accepted societal values, and that the legislative policy in India recognises marriage as a bond only between a biological man and a biological woman.
Rijiju had also defended the Centre's stance and said that it was grounded in the Indian tradition and ethos. “A person of any sex can choose to live a particular life. But when you talk about marriage, it is an institution...guided by different provisions and laws,” he said at an event.