On a day the Supreme Court referred a clutch of petitions seeking legal recognition of same-sex marriage to a five-judge Constitution bench, Law Minister Kiren Rijiju on Monday said the issue related to the institution of marriage was a matter of policy, PTI reported. The Centre has opposed in the Supreme Court legal validation of same-sex marriage.
When questioned outside Parliament about the Centre's stand in the Supreme Court, Rijiju said, "The government is not interfering in the personal life, personal activities of anybody. So there should be no confusion. When it comes to an issue related to the institution of marriage, then it is a matter of policy."
"Personal freedom and personal activities of any individual or citizens are never disturbed, regulated, or questioned by the government. You must be very clear about it. There is a clear distinction," Rijiju further said.
Observing that it was a matter of "seminal importance", the Supreme Court on Monday referred to a Constitution bench a batch of petitions seeking legal recognition for same-sex marriages. "We are of the view that it would be appropriate if the issues raised are resolved by the bench of five judges of this court with due regard to Article 145(3) of the Constitution. Thus, we direct it to be placed before a constitution bench," the SC bench said.
The matter has been listed for hearing next on April 18, 2023.
The Centre has opposed in the Supreme Court pleas filed by gay couples seeking legal validation of same-sex marriage, on the grounds that it would cause complete havoc with the delicate balance of personal laws and accepted societal values.
The Centre said that petitioners cannot claim a fundamental right for same-sex marriage to be recognised under national laws despite Section 377 of the Indian Criminal Code being decriminalised.
The Centre asserted in its affidavit that neither uncodified personal laws nor codified statutory laws recognise or acknowledge the institution of marriage between two people of the same gender.
It said that non-heterosexual marriages, unions, and interpersonal relationships between people in society are not recognised by the State, but they are not illegal
(With inputs from PTI)