The Indian Centre has submitted a fresh application to the Supreme Court in regard to the legal recognition of same-sex marriage in India. The Centre has raised concerns over the maintainability of the petitions, claiming that the prayers being made would require the judicial creation of a social institution called "marriage" that is different from what is currently contemplated under the law.
The Centre further stated that the creation of rights and legal sanctity for relationships can only be established by the competent legislature and not judicial adjudication. The Centre claimed that petitions seeking legal recognition of same-sex marriage have far-reaching implications, and petitioners do not represent the entire nation's views. They further stated that petitions reflect only urban elitist views and appropriate legislature reflects views and voices of a wider spectrum.
The Supreme Court will hear a set of petitions seeking legal recognition of same-sex marriage in India on April 18, which will be heard by a five-judge constitution bench. The Centre has opposed these petitions, arguing that they could upset the delicate balance of personal laws and accepted societal values. The government has also contended that, despite the decriminalization of Section 377 of the IPC, petitioners cannot claim a fundamental right to same-sex marriage under Indian law.
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