This prompts the question of whether the Central government can pass a law recognizing such marriages, regardless of public opinion on same-sex unions.
Updated On – 12:48 PM, Sun – 22 October 23
New Delhi: Recently, the Supreme Court gave a historic decision regarding legalisation of same-sex marriage and unanimously declined to recognise such marriages. While giving its judgment on this issue, the Court made it clear that it can only interpret the law and it is for the Parliament of the country to make changes in the law.
With this, a new question arises whether the Central government can recognise such marriages by enacting a law, considering whether people support same-sex marriages or not?
What the Central government does next on this issue could be gauged from the affidavit given by it in the apex court, BJP’s stand on same-sex marriage and Rashtriya Swayamsevak Sangh (RSS)‘s statement on the recent Supreme Court’s decision.
Even before hearing on this issue began in the Supreme Court, the Central government had filed an affidavit demanding rejection of the petitions related to recognition of this marriage. In its affidavit, the Central government had enumerated many legal complications and problems and told the Supreme Court why the Indian government is against recognising same-sex marriages.
Talking about BJP’s stand on the issue of same-sex marriages, the saffron party considers it more as a “social and cultural issue” than a legal one. Senior BJP leader Sushil Kumar Modi had opposed the legal recognition of same-sex marriages in Rajya Sabha in December 2022, saying that Indian society is not ready to accept same-sex marriages and it is inappropriate for India’s culture and tradition.
The Union Law Minister Arjun Ram Meghwal is a staunch opponent of not only same-sex marriages but also relationships between a couple belonging to the same sex. Meghwal, as an MP, had even introduced an Anti-Homosexuality Bill as a private member’s bill in the Lok Sabha in 2012 during the then UPA government led by Prime Minister Manmohan Singh.
The RSS has welcomed the Supreme Court’s decision refusing to recognise same-sex marriages.
Sunil Ambekar, Akhil Bharatiya Prachar Pramukh of the RSS, said in a post on X: “The Supreme Court’s decision on same-sex marriage is worth welcoming. Our democratic parliamentary system can seriously discuss all the issues related to this and take appropriate decisions.”
RSS General Secreatary Dattatreya Hosabale, while talking to the media on the last day of the Sangh’s Akhil Bharatiya Pratinidhi Sabha held in Panipat, Haryana, in March this year, had once again made the RSS’ stand on same-sex marriages clear.
Hosabale opposed the legalisation of same-sex marriages, saying that the RSS agreed with the Central government’s view on same-sex marriage.
He said: “Marriage can happen only between two people of different genders, it cannot be contracted. It is not for fulfilling physical desires. Marriage provides ideals of family life. In Hindu life, marriage is a ‘sanskar’, it is not for pleasure. Two persons marry and create a family for the benefit of society. Marriage is neither for sexual pleasure nor for contract.”
