As India awaits the verdict on the recognition of same-sex marriage, the Government of India has presented a range of key arguments during numerous hearings before a constitutional bench of the Supreme Court. These arguments reflect the complexity of the issue at hand, rooted in cultural, social, and legal aspects.
Here is a concise summary of the Government of India’s key arguments:
- Traditional Marriage: Marriage has traditionally been defined as a union between a man and a woman, aligned with long-standing religious, cultural, and social norms.
- Cultural and Ideological Norms: The government contends that homosexuality is considered contrary to Indian ideals and cultural norms.
- Societal Stability: The importance of legal stability and continuity was stressed, with the government cautioning against abrupt changes that might disrupt societal stability.
- Impact on Understanding: Legal recognition of same-sex couples may influence children and adolescents’ understanding of relationship norms, the government argued.
- Procreation Purpose: Marriage serves the social purpose of procreation, a possibility that the government suggested might not exist in same-sex marriages.
- Respecting Indian Context: The state argued that the law should respect the social, cultural, and historical context of India.
- Gradual Acceptance: The government encouraged patience, implying that societal change and acceptance will evolve naturally over time.
- Global Perspective: The government noted that only a minority of countries worldwide have legalized same-sex marriage.
- Slippery Slope Effect: Redefining marriage could lead to a slippery slope effect, requiring the state to recognize other forms of relationships legally, the government cautioned.
- Legislative vs. Judicial Role: The state argued that policy decisions of this magnitude should be made by the legislature, not the judiciary.
- Decriminalization vs. Marriage: While same-sex relationships have been decriminalized and LGBTQ+ citizens have rights, the government stressed that legalizing marriage is a distinct issue with broader implications.
- Consensus Deficiency: The government emphasized the lack of overwhelming social consensus in favor of legalizing same-sex marriage.
- Regulating Marriage: The government asserted its right to regulate the institution of marriage in accordance with the moral and social fabric of the country.
- Public Opinion: Citing surveys, the government pointed out that public opinion is largely against same-sex marriages, making change difficult.
- Uniform Application of Equality: The government questioned the petitioners’ invocation of the right to equality, suggesting it should not apply uniformly in all circumstances.
- Biological Differences: The state argued about biological differences between same-sex and heterosexual couples, emphasizing the natural design.
- Acceptance Challenges: The government highlighted that Indian society is still adapting to the decriminalization of homosexuality.
- Adoption Concerns: The issue of adoption by same-sex couples was raised, with concerns about the child’s upbringing.
- Diverse Population: The government underscored India’s vast population with diverse beliefs and complexities.
- Cultural and Societal Fabric: Finally, the government concluded by emphasizing the importance of India’s unique cultural and societal fabric, which shapes its understanding of marriage.
