Legalising Same-Sex Marriage Will Have Devastating Impact On Society: Former Judges

In its affidavit, the Centre has said that same-sex relationships and heterosexual relationships are clearly distinct classes that cannot be treated identically.

A group of former Judges issued a statement on Wednesday urging people pursuing the issue of same-sex marriage in the Supreme Court to refrain from doing so "in the interest of the society".

"We respectfully urge the conscious members of the society including those who are pursuing the issue of same-sex marriage In Supreme Court to refrain from doing so in the best interest of Indian society and culture," read the statement released by the judges.

"Marriage in India is a socio-religious sacramental union, not only between two individuals but between two families. It is evident since times immemorial, that the purpose of marriage is not confined only to physical intimacy of partners but goes far beyond and is indispensable for the growth of society by way of procreation of progeny. Unfortunately, certain versed interest groups having no knowledge and regard of the civilization and importance of marriage have approached the Court praying for legalisation of same-sex marriage. Any attempt at weakening a time tested institution should be opposed vociferously by the society, the statement further read."

Same-Sex Marriage Pleas Referred To Constitution Bench

The Supreme Court on March 13 referred a bunch of pleas seeking legal recognition for same-sex marriages to a five-judge constitution bench for adjudication, and said that it will begin hearing the case from April 18.

The batch of pleas was heard by a bench comprising Chief Justice DY Chandrachud and justices PS Narsimha and JB Pardiwala. 

The Centre has filed an affidavit before the Supreme Court opposing recognition of same-sex marriage. In its affidavit, the Centre has said that same-sex relationships and heterosexual relationships are clearly distinct classes that cannot be treated identically, as per a report by news agency ANI. 

The Centre apprised the top court that living together as partners by same-sex individuals, which is decriminalised now, is not comparable with the Indian family unit concept of a husband, a wife and children born out of the union.

The top court's five-judge Constitution bench, in a path-breaking unanimous verdict delivered on September 6, 2018, held that consensual sex among adult homosexuals or heterosexuals in a private space is not a crime while striking down a part of the British-era penal law that criminalised it on the ground that it violated the constitutional right to equality and dignity.