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India government opposing Supreme Court
The Indian government opposing the same-sex marriages and urging the Supreme Court to reject challenges to the current legal framework lodged by LGBT couples.
Stand of Indian Government:
The Ministry of Law put the official stand of Government of India that ‘there may be various forms of relationships in society, the legal recognition of marriage is for heterosexual relationships and the state has a legitimate interest in maintaining this’.
The concept is not comparable with the Indian family unit concept of a husband, a wife and children about living together as partners and having sexual relationship by same sex individuals.
The court cannot be asked about changing the entire legislative policy of the country deeply implanted in religious and societal norms.
Supreme Court’s verdict 2018:
India’s top court legalizes homosexuality by scrapping a colonial-era ban on gay sex in an historic verdict in 2018.
Recent developments:
The current case is being stood as a further important development on LGBT rights in the country.
At least 15 pleas, some by gay couples, have been lodged in recent months demanding the court to recognize same-sex marriages.
The government is arguing that the 2018 ruling cannot mean distinguishing a fundamental legal right to same-sex marriage under the laws of the country.
The intention is only limited to the recognition of a legal relationship of marriage between a man and a woman, represented as a husband and wife behind the current legal system on marriage.
The government has put its argument that any change to the legal structure should be the processed under the elected parliament, not the court.
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