The Centre told the Delhi high court on Thursday that a marriage in India can be recognised only if it is between a “biological man” and a “biological woman” capable of producing children, strongly opposing the validation of same-sex marital unions.
The government said any interference by a court in the marital statute based on personal laws will create “havoc” in society and will run afoul of the intent of Parliament in framing the laws. It said a fundamental right cannot be an “untrammelled right” and can’t override other constitutional principles.
In an affidavit filed before a bench comprising justices Rajiv Sahai Endlaw and Amit Bansal, the government opposed pleas seeking legalisation of same-sex marriages and said the laws mandate that “marriage is a bond between a biological man and a biological woman”.
The institution of marriage has a sanctity attached to it and in major parts of the country it is regarded as a “sacrament”, the government argued. It said that in India, despite statutory recognition of the relationship of marriage between a biological man and a biological woman, marriage depends on age-old customs, rituals, practices, cultural ethos and societal values