The Center has opposed same-sex marriage in the Supreme Court. The Center said in its reply to the court that ‘courts cannot rewrite an entire branch of law by recognizing the right to same-sex marriage as ‘creating a new social institution’ is outside the purview of judicial determination.
The Center has said that same-sex marriage cannot be recognized with the help of a judicial award. It comes under the jurisdiction of the Parliament and not the Supreme Court. The Center said the petitions to the court reflect “urban elite ideas aimed at social acceptance”.
‘Marriage can only be between a man and a woman’
The Center said that the option of not recognizing same sex marriage is an aspect of legislative policy. This is not a proper dispute to be adjudicated in a court of law in view of clear legislative policy. The Center said that marriage can only be between a man and a woman.
Center’s application in the Supreme Court
The Central Government has filed an application in the Supreme Court on Sunday (April 16) in the same-sex marriage case and has asked the court for the first decision on the petitions. The Center has argued that Parliament is accountable to the citizens and must act according to the popular will, especially when it comes to personal laws.
When will be the next hearing
The Supreme Court has constituted a constitution bench of five judges to hear the petitions giving legal recognition to same-sex marriage. It includes Supreme Court Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha and Hima Kohli. Now the next hearing on the matter will be on April 18.
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