The Central Government expressed it's refusal to the decriminalisation of the same sex marriage in India. It opposed the legalisation of same-sex marriage stating that living together as same-sex partners is not comparable with the Indian concept of a family unit. In India, marriage is a bond between a biological man and a biological woman.
It told the Delhi High Court that in spite of decriminalisation homosexuality, one cannot claim a fundamental right with respect to same-sex marriage. Stressing on Indian marriage values under Hindu Marriage Act, it further said issue of legal recognition of same sex Marriage can't be decided by court.
In an affidavit filed, the central government has told the Delhi High Court that statutory recognition of same-sex marriage in India is not a fundamental right. In its affidavit, it further told while consensual sexual relations between persons of same-sex are no longer illegal, the same would not imply legal sanctity to marriages between persons of same-sex.
The government’s stand opposing legal recognition of same-sex marriages through judicial route comes on a batch of petitions calling for such recognition under the Hindu Marriage Act. This Act governs issues of marriage, divorce and succession among Hindus.
The government said the 2018 ruling of the Supreme Court that decriminalised sexual relations between consenting adults of same sex did not delve into marriage of same-sex couples. Marriage and other rights and obligations emanating from it are governed in India by various personal laws - some codified, others customary.
Homosexuality was decriminalized in September of 2018, in what was seen as a watershed moment for individual liberty in independent India.
(With agency inputs)