Centre opposes same-sex marriage in Delhi HC
'Marriage an institution between biological man & woman, not just union of individuals'
New Delhi, Feb 25: Marriage in India is not just a union of two individuals but an institution between biological man and woman, the Centre told the Delhi High Court on Thursday while opposing same-sex marriage.
It also said that judicial interference will cause "complete havoc with the delicate balance of personal laws".
Any interpretation other than treating a husband as a biological man and a wife as a biological woman will make all statutory provisions unworkable, it said.
Referring to a Supreme Court judgment, the central government said that it only decriminalised a particular behaviour and did not legitimise it.
It further said that marriage is essentially a socially recognized union of two individuals which is governed either by uncodified personal laws or codified statutory laws.
"The acceptance of the institution of marriage between two individuals of the same gender is neither recognized nor accepted in any uncodified personal laws or any codified statutory laws," the Centre has said in its affidavit.
"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," said the affidavit filed in response to a plea by equal rights activist seeking recognition of same sex marriages under the Hindu Marriage Act (HMA) and the Special Marriage Act (SMA).
The Delhi government meanwhile in its response to a similar petition filed earlier has said that there is no provision in the SMA under which two women can be married, and it would be willing to abide by the court's direction.
The Delhi government's stand came in response to a plea by two women seeking to get married under the SMA.
The plea by Mitra and three other equal rights activist -- Gopi Shankar M, Giti Thadani and G Oorvasi -- has contended that marriages between same sex couples are not possible despite the Supreme Court decriminalising consensual homosexual act.
In response, the Centre has said that the apex court by its judgement in the Navtej Singh Johar case only decriminalised a particular human behaviour which was a penal offence, it "neither intended to nor did in fact legitimise the human conduct in question".
"In India marriage is not just a matter of union of two individuals but a solemn institution between a biological man and a biological woman...
"Despite the decriminalisation of section 377 of the Indian Penal Code, the petitioners (Mitra and others) cannot claim a fundamental right for same-sex marriage being recognised under the laws of the country," the central government said.
It further said that marriage laws in the country are governed by the personal laws/codified laws relatable to customs of various religious communities which recognise only the union of a man and a woman to be capable of religious sanction, and thereby claim legal and statutory sanction.
"It is submitted that any interference with the same would cause a complete havoc with the delicate balance of personal laws in the country," the Centre said, adding that "it is for the legislature to judge and enforce such societal morality and public acceptance based upon Indian ethos".
The Centre has also opposed the claims of the petitioners that the concept of marriage was within the private domains of individuals, saying that marriage also had a public aspect to it as several statutory rights and obligations are connected with it.
It has further said that when the legislature limited the legal recognition of marriage and the benefits associated with it to heterosexual couples, "it is not permissible for the court to override the same".
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Feels good when you get most decisions right: KL Rahul
Lucknow (PTI): Lucknow Super Giants skipper KL Rahul was chuffed to get most of his decisions right as he guided his team to a convincing eight-wicket win over defending champions Chennai Super Kings in an IPL game here on Friday.
Rahul had a good day in office as he was spot-on with his bowling changes and also took two catches and affected a stumping before returning to smash a match-winning 53-ball 82 to boot with.
"Feels good at the end of the day, When you win, looks like you make all the decisions right," said Rahul, who was adjudged the Player of the Match, during the post-match presentation.
"Impossible to get all right. Depends on the kind of wicket we are playing on and the kind of batters there are. We spend time doing homework on tactics and strategy and we spoke about them not settling against one style of bowling."
LSG had kept things under control before Moeen Ali (30 off 20) and MS Dhoni (28 off 9) went on a six-hitting spree to take CSK to a fighting 176 for six.
"Halfway stage, I would have been happy with 160. Felt the wicket was slow, a bit of grip but not too much. 160-165 would have been ideal.
"But MSD walks in and the bowlers feel intimidated. He walks in and bowlers were under pressure, the crowd was really loud, he has done it in the past."
Chasing 177, Rahul (82) and De Kock (54) batted with authority during their match-winning alliance of 134, the highest partnership for any wicket at the Ekana Stadium, as LSG scored 180 for 2 in 19 overs.
"Felt that if we bat well, we could chase it down. I have been trying to assess the situation and today it came off. With Chennai's spinners, they tried to put brakes on us," he said.
"We tried to get to a good start. Tried to take them down, luckily it came off. When your partnership goes on, you can take a few more chances. Glad that it happened."
Ruturaj Gaikwad, the CSK captain, said his team was 10-15 runs short with dew coming in.
"We finished off very well, couldn't have asked for more. But after powerplay, we couldn't kick on till 14-15th over. We lost wickets regularly and were 10-15 short.
"Slightly difficult to bat but with Impact Player rule you need an extra batter. With dew coming on later, felt 180-190 could have been good."
CSK bowlers couldn't produce a breakthrough as Rahul and De Kock batted well in the powerplay and Gaikwad agreed they needed to bowl better in the first six overs.
"[Bowling in the powerplay] is one area we would like to improve, puts opposition on the back foot if we can get wickets in the powerplay. Good to play them again soon, will come back with homework done," he said.
The two teams will again face off on April 23 at Chepauk.
