‘Non-recognition does not violate fundamental rights’

Sougata Basu and Mayank Kalra, a same-sex couple, take their adopted children for a walk outside their home in Bengaluru, on February 11. File pic/AFP

The central government opposes recognising same-sex marriages, it said in a filing to the Supreme Court on Sunday, urging the court to reject challenges to the current legal framework lodged by LGBT couples. The Ministry of Law believes that non-recognition of same-sex marriage does not violate the fundamental rights, according to its affidavit filed before the Supreme Court, which is scheduled to hear the matter on Monday.

"Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender. Living together as partners and having sexual relationship by same sex individuals [which is decriminalised now] is not comparable with the Indian family unit concept of a husband, a wife and children which necessarily presuppose a biological man as a ‘husband', a biological woman as a ‘wife' and the children born out of the union between the two--who are reared by the biological man as father and the biological woman as mother," the filing said, according to a report by Bar and Bench.

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"Statutory recognition of marriage limited to marriage/union/relation as being heterosexual in nature, is the norm throughout history and are foundational to both the existence and continuance of the State," Live Law quoted the Centre as saying in its affidavit to the SC. At least four gay couples in recent months have asked the court to recognise same-sex marriages, setting the stage for the legal face-off with Prime Minister Narendra Modi's government.

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