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Centre opposes gay marriages in Supreme Court, calls plea 'urban elitist' view

A five-judge Supreme Court constitution bench is scheduled to hear from Tuesday a batch of petitions seeking legal validation of same-sex marriage in the country.

Edited By: Shashwat Bhandari @ShashBhandari New Delhi Published on: April 17, 2023 14:56 IST
Representational image
Image Source : FILE PHOTO Representational image

The Centre on Monday once again opposed pleas seeking the legal validation of same-sex marriages as the Supreme Court was hearing the matter saying it reflects the views of 'urban elitist'.

The government further told the court that recognition of marriage is a legislative function which the court should refrain from deciding.

"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 and customs governing the field of marriage together with its inevitable cascading effects on several other statutes," the Centre said.

The government in its affidavit said that marriage is a social-legal institution which can be created, recognised, conferred with legal sanctity and regulated only by the competent legislature by way of an Act under Article 246 of the constitution of India.

"It is submitted that therefore, it is the humble request of the applicant the issues raised in the present petition be left to the wisdom of the elected representatives of the people who alone shall be the democratically viable and legitimate source through which any change in the understanding and/or the creation/recognition of the any new social institution can take place," the Centre said.

A five-judge Supreme Court constitution bench is scheduled to hear from Tuesday a batch of petitions seeking legal validation of same-sex marriage in the country.

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