Centre opposes same-sex marriages in Delhi HC, says not compatible with 'Indian family unit concept'

This comes as petitions were filed by Abhijit Iyer Mitra and three others in Delhi High Court seeking recognition and registration of same-sex marriages under the Hindu Marriage Act, the Special Marriage Act and the Foreign Marriage Act.

“By and large the institution of marriage has a sanctity attached to it and in major parts of the country, it is regarded as a sacrament. In our country, despite statutory recognition of the relationship of marriage between a biological man and a biological woman, marriage necessarily depends upon age-old customs, rituals, practices, cultural ethos and societal values,” the Centre reportedly told the court in response to the petitions.

The Centre said that despite the decriminalisation of Section 377 under the Indian Penal Code by the Supreme Court, petitioners cannot claim a fundamental right for same-sex marriages under the laws of the country.

“The same cannot be expanded to extend to include the fundamental right for a same-sex marriage to be recognised under the laws of the country which in fact mandate the contrary,” the Centre told the court.

It also said that such relationships can be governed, regulated, permitted or proscribed only by a law made by the competent legislature.

“The acceptance of the institution of marriage between two individuals of the same gender is neither recognised nor accepted in any uncodified personal laws or any codified statutory laws.

"The question as to whether such a relationship be permitted to be formalised by way of a legal recognition of marriage is essentially a question to be decided by the legislature and can never be a subject matter of judicial adjudication,” the reply filed before the court by Centre reads.

The government also said that marriages in India are not just a matter between two individuals but “a solemn institution” between “a biological man and a biological woman”.

Last year, the Court had observed that the statute is gender neutral and the Centre must interpret the law in favour of citizens of India.