Same-sex marriage pleas represent ‘urban elitist views’, Centre tells Supreme Court

The petitions seeking legalisation of same-sex marriage in India only represent “urban elitist views for the purpose of social acceptance”, the Centre has told the Supreme Court in an affidavit filed on Sunday, Live Law reported.

This is the second affidavit filed by the Bharatiya Janata Party-led Central government in the Supreme Court against pleas seeking recognition of same-sex marriages in the country. A five-judge Constitution bench led by Chief Justice DY Chandrachud will begin hearing a batch of petitions on the matter from April 18.

In its affidavit, the Centre described marriage as an “exclusively heterogenous institution”. It argued that recognition of marriage is a legislative function and the the courts should refrain from deciding on the matter.

“The competent legislature will have to take into account broader views and voice of all rural, semi-rural and urban population, views of religious denominations keeping in mind personal laws, as well as, customs governing the field of marriage together with its inevitable cascading effects on several other statutes,” the affidavit stated, according to Bar and Bench.

Several petitions have been filed in the Supreme Court challenging the constitutionality of laws that only recognise marriages between a man and a woman. The petitioners have argued that these provisions are discriminatory against the LGBTQIA+ community and infringe on...

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