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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AAP indulging in 'dangerous vendetta politics': Raghav Chadha after meeting President Murmu
New Delhi (PTI): Rajya Sabha MP Raghav Chadha on Tuesday accused the Aam Aadmi Party (AAP)-led Punjab government of indulging in 'vendetta politics' and misusing the state machinery to target the MPs who recently quit the party and merged with the BJP in the Rajya Sabha.
Chadha, along with three other MPs, met President Droupadi Murmu on Tuesday and submitted a representation alleging harassment and "politically motivated" action against them following their exit from AAP.
Rajya Sabha MPs Rajinder Gupta and Ashok Mittal were part of the delegation.
"All those MPs who exercised their constitutional right to express disagreement with the Aam Aadmi Party and chose to leave it, and all these incidents and developments, have been presented today before the President of India. I also want to tell the Aam Aadmi Party that as long as we were obedient, we were considered cultured. The moment we left, we were branded corrupt," Chadha told reporters here after the meeting.
He alleged that several former AAP MPs who have joined the BJP are facing intimidation and coercive actions from state agencies.
"The Aam Aadmi Party, which accuses everyone else of revenge politics, is today itself indulging in dangerous vendetta politics. Since April 24, when we left AAP and merged with the BJP, our MPs are being systematically targeted and harassed," he said.
Citing specific instances, Chadha claimed that former cricketer and MP Harbhajan Singh has been attacked, while industrialist and MP Rajendra Gupta's business operations have allegedly been disrupted.
"We left the Aam Aadmi Party on April 24, 2026, and merged with the BJP. Since then, harassment of our MPs has begun. First, World Cup-winning cricketer Harbhajan Singh had "traitor" written outside his house. Stones were thrown at his residence with the help of Punjab Police, and offensive slogans were raised targeting his family," he alleged.
"Then, our colleague Rajinder Gupta, a Padma Shri awardee and an industrialist running a major factory in Punjab's Malwa region--providing livelihood to around 30,000 people--had his factory targeted. The Punjab government allegedly cut off its water supply, and the Pollution Board conducted raids to initiate its closure," he said.
He further claimed that cases have been registered against MP Sandeep Pathak, terming them "malicious and fabricated".
"These FIRs and notices are so frivolous that they are not worth the paper they are written on. The judiciary will tear them apart," Chadha said.
He warned the AAP government that such actions could have serious consequences. "Using vigilance, the Pollution Board, and the police for political revenge is a dangerous game. You may have started it, but the end will not be good. This must stop," he said.
"The AAP has a government in one state and control over the police there. The BJP has governments in 21 states and control over police forces in those states," he added.
Chadha also alleged that attempts are being made to target him next through "fabricated cases" and claimed that social media campaigns are being run to malign them.
Appealing to Punjab government officials, he urged them not to act under political pressure. "I want to tell officials that you are respected officers. Do not succumb to threats of transfer or suspension. Act according to law and in national interest," he said.
The Rajya Sabha MP also took a swipe at the AAP, saying those who invoke Mahatma Gandhi's ideals are now misusing state machinery for political purposes. "The people of Punjab must know how their government is being used to settle political scores," Chadha added.
Rajya Sabha MP Sandeep Pathak alleged that the party is now resorting to coercive measures out of "fear and panic".
"We joined the Aam Aadmi Party because it showed the country a dream -- a dream of starting a new kind of politics, an honest form of politics. While being there, due to ideological reasons and after witnessing several inconsistencies, we decided to leave the party," he said.
"Out of fear and panic, the Aam Aadmi Party is now filing FIRs. They are conducting raids in factories and trying to intimidate people through false FIRs. I want to say 'go ahead, file FIRs', but do not back off afterwards. We will fight legally," he told reporters.
Advising the AAP government, Pathak asserted that governance, not intimidation, is the only way forward.
"You cannot save a government through such dirty tactics. If you want to retain power, you must work honestly. If you think you can stop us through false and fabricated FIRs, that is not possible. We have stepped out ready to sacrifice everything and will do what is right for the country," he said.
Pathak mentioned that the President assured them that constitutional protections would be upheld.
Taking a swipe at the ruling party, Chadha said its tenure in Punjab is now short-lived. "This government has only a few months left; it will go. They will simply board the Shatabdi and return to Delhi. They have no future in Punjab," he said.
Later, in a post on X, Chadha said that he, along with three other MPs, conveyed to the President how the AAP's Punjab government is misusing state machinery to target them for exercising their constitutional rights.
"The party that once cried vendetta is now practising its most toxic form," he wrote.
"We take strength from the President's assurance that constitutional rights and democratic choices must be respected," he added, while likening the AAP's conduct to that of a "bitter and vindictive" former ally.
