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Gay Marriage

Gay marriage hearing: Centre urges SC to make states and UTs party to court proceedings

| @indiablooms | Apr 19, 2023, at 06:23 pm

New Delhi/IBNS: The central government on Wednesday urged the Supreme Court to make all Indian states and Union Territories party to the court proceedings during the hearing on the pleas seeking legalisation of same-sex marriages, media reports said.

The top court began hearing on Wednesday.

The central government on Monday reiterated its opposition to the gay marriages saying marriages are "exclusively heterohgenous institution".

The government said the court must refrain from making such "omnibus orders".

The government said recognition of only heterogeneous marriages is not a discrimination because socio-legal relationships like marriage are conventionally "deeply rooted in the Indian social context" across all religions.

It further said as quoted by NDTV that marriage "is considered a sacrament in all branches of Hindu law. Even in Islam, though it is a contract, it is a sacred contract and a valid marriage is only between a biological male and a biological woman."

As per a report by NDTV, the Centre, which called the petitions an "urban elitist views for the purpose of social acceptance", said the court must take into account broader views and voices of all rural, semi-rural and urban populations, views of religious denominations keeping in mind personal laws as well, and customs governing the field of marriage together with its inevitable cascading effects on several other statutes."

"It's purely a matter of legislative policy under Entry 5 of List III of Schedule VII of the Constitution, which ought to be determined by the appropriate Legislature only," the government said.

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