New Delhi:
Amid the ongoing debate over same-sex marriage in the country, the Rashtriya Swayamsevak Sangh on Tuesday followed the line of the Center and stated that it views marriage as ‘Sanskar’ in Hindu life, which is not for pleasure or contract, but for social good .
This comes after the Center opposed the plea for legal recognition of same-sex marriage in its affidavit, saying that living together as partners by persons of the same sex, which has now been decriminalised, is not comparable to the Indian family unit and they are distinctly different classes that cannot be treated identically.
Speaking to reporters, RSS General Secretary Dattatreya Hosabale said that marriage can take place between two people of the opposite sex.
“Marriages can take place between two opposite sexes. In Hindu life, marriage is ‘Sanskar’, it is not to be enjoyed, nor is it a contract. Living together is different, but what is called marriage is a ‘sanskar’ in Hindu life. for thousands of years, meaning two individuals marry and live together not only for themselves, but also for family and social welfare. Marriage is neither for sexual pleasure nor contract,” he said.
The Center filed the affidavit against the demand of several petitioners seeking legal recognition of same-sex marriage.
In the affidavit, Center opposed the plea, saying pleas for same-sex legal recognition should be rejected as these petitions have no merit.
Same-sex and heterosexual relationships are distinctly different classes that cannot be treated identically, the government said as its stance against the petition for legal recognition of LGBTQ marriage.
It is for the legislature to judge and enforce such societal morality and public acceptance on the basis of Indian ethos, the Center said in its affidavit, adding that Western decisions without any basis in the jurisprudence of the Indian Constitutional law cannot be imported in this context.
In the affidavit, Center told the Supreme Court that the cohabitation as partners of same-sex individuals, which has now been decriminalized, is not comparable to the Indian family concept of a man, a woman and children.
The Center argued that the principles of legitimate state interest as an exception to life and liberty under Article 21 would apply to the present case. Center argued that the legal recognition of marriage as a union between a “man” and a “woman” is intrinsically linked to the recognition of the heterogeneous institution of marriage and the acceptance of Indian society based on its own cultural and social values recognized by the competent legislator.
“There is an understandable difference (normative basis) that distinguishes those within the classification (heterosexual couples) from those outside the classification (same-sex couples). This classification has a rational relationship to its intended purpose (ensuring social stability through recognition of marriages),’ the government said.
Center argued before the Supreme Court that the legal recognition of marriage as a union between a “man” and a “woman” is intrinsically linked to the recognition of the heterogeneous institution of marriage and the acceptance of Indian society on the basis of its own cultural and social values recognized by the competent legislator.
In the latest development, the Supreme Court on Monday referred several petitions seeking legal recognition of same-sex marriage to the Constitution Bench.
A bench headed by Chief Justice of India D.Y. Chandrachud listed the petitions for legal recognition of same-sex marriage to a five-judge constitution bench and said the hearing will be held on April 18.
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