India’s Ministry of Justice believes that while there can be various forms of relationships in society, legal recognition of marriage is only for heterosexual relationships and the state has a legitimate interest in maintaining this, according to a document cited by Archyde.com.
“Living as partners and having sexual relations by persons of the same sex … is not comparable to the Indian concept of a family unit consisting of a husband, a wife and children,” the ministry argued.
The court cannot be asked “to change the entire legislative policy of the country, which is deeply rooted in religious and social norms”, the Indian Ministry also claims. It believes that any change in the legal structure should be within the competence of the parliament.
In a historic 2018 verdict, India’s top court decriminalized homosexuality, lifting a colonial-era ban on gay sex. The current case is seen as an important new development on LGBT rights in India.
At least 15 petitions, some by same-sex couples, have been filed in recent months asking the court to recognize same-sex marriages, setting the stage for this legal showdown with Prime Minister Narendra Modi’s government.
However, same-sex marriage is a sensitive issue in India. Homosexuality is a taboo subject for many living in the socially conservative country of 1.4 billion people.
The cases are due to be heard in the Supreme Court on Monday.
(source: Mediafax)