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LINK India government opposes recognising same-sex marriage - court filing | Reuters

NEW DELHI, March 12 (Reuters) - The Indian government opposes recognising same-sex marriages, it said in a filing to the Supreme Court on Sunday, urging the court to reject challenges to the current legal framework lodged by LGBT couples.

The Ministry of Law believes that while there may be various forms of relationships in society, the legal recognition of marriage is for heterosexual relationships and the state has a legitimate interest in maintaining this, according to the filing seen by Reuters, which has not been made public.

"Living together as partners and having sexual relationship by same sex individuals ... is not comparable with the Indian family unit concept of a husband, a wife and children," the ministry argued.

The court cannot be asked "to change the entire legislative policy of the country deeply embedded in religious and societal norms", it said.

"As petitioners we have received wide support from people from all walks of life and it does not seem to me that most Indians feel injured by the thought of some loving families getting legal rights," one of the litigants in the current case, businessman Uday Raj Anand, told Reuters after the government filed the reply in court.

In an historic verdict in 2018, India's top court decriminalised homosexuality by scrapping a colonial-era ban on gay sex. The current case is being seen as a further important development on LGBT rights in the country.

At least 15 pleas, some by gay couples, have been filed in recent months asking the court to recognise same-sex marriages, setting the stage for this legal face-off with Prime Minister Narendra Modi's government.

"Sad that their concept of 'Indian' is so non-inclusive and static that it does not want to evolve according to wider notions of human rights," filmmaker and equal rights activist Onir wrote on Twitter.
CASE MARKS MILESTONE

Asia largely lags the West in accepting same-sex marriage.

Taiwan was the first in the region to recognise such unions, while same-sex acts are illegal in some countries, such as Malaysia. Singapore last year ended a ban on gay sex but took steps to bar same-sex marriages.

Japan is the only country among the Group of Seven nations that does not legally recognise same-sex unions, although the public broadly favours recognition.

In India, the issue of same-sex marriage is sensitive: speaking openly about homosexuality is taboo for many in the socially conservative country of 1.4 billion people.

The issue has stoked emotions in the media and in parliament, where a member of Modi's ruling Hindu nationalist party in December asked the government to strongly oppose the petitions filed in the top court.

LGBT activists say that while the 2018 ruling affirmed their constitutional rights, it is unjust that they still lack legal backing for their unions, a basic right enjoyed by heterosexual married couples.

In Sunday's filing, the government argued the 2018 ruling cannot mean recognising a fundamental legal right to same-sex marriage under the laws of the country.

The intent behind the current legal system on marriage "was limited to the recognition of a legal relationship of marriage between a man and a woman, represented as a husband and wife."

The government has argued that any change to the legal structure should be the domain of the elected parliament, not the court.

The cases are set to be heard in the Supreme Court on Monday.

snytiger6 9 Mar 12
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6 comments

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1

I guess I won't visiting that country with a partner any time soon.

As long as they don't arrest people just for being gay, I'd visit with a partner just to show them what gay people are actually like.

1

"...Indian family unit concept of a husband, a wife and children," as if India, who is quickly becoming the country with the world's largest population, needs more children. It is about to overtake China but has about 1/4 the land mass.

2

India's population will soon eclipse that of China. Meanwhile, the glaciers that feed the Indus and Brahmaputra rivers continue to shrink, and the monsoons are becoming increasingly unreliable. You see where I'm going with this? When it comes to populations and famines, the rule is, the bigger they are, the harder they fall.

One would think with the present conditions they would have woken up and realized things must stop. Just like republicans, they haven't got a clue - damn the torpedoes, full steam ahead.

@jackjr And they're superstitious as hell, and they have nuclear weapons! What a combo! 😂

@Flyingsaucesir And so do their neighbors with whom they are always fighting.

2

Wake up India. This issue is not simply going to go away.

1

Would not hurt their depopulation and adoptions programs..

I thought China and India could both benefit by recognizing gay marriage, and allowing gay couples to adopt unwanted (usually female) children. In China because male children are favored, they have an over population of males and not enough females.

@snytiger6

The Religious beliefs is only thing holding them back in India. G and L would make, just as good parents or better rather than straights. And same sex would mean less population. Better than being fruitful and multiplying or billionairs killing us off.

4

No surprise. India. They are a pathetic society, as well, in my view and always have been (Gandhi not withstanding).

I don't think their society is worse than ours.

@Flyingsaucesir I disagree (and we're also pathetic).

@rainmanjr

There is as many as the Indian population with the same standards of living as Americans. Yet, there are alot more Indians as poor as church mice. Wish their movies were colorful and full of joyous dancing and singing all the time, as in real life. Then, I would live there.

I have experienced their society and many others. Please name one culture on this planet that doesn't have screws loose or completely missing.

@Castlepaloma
It's something one needs to witness and experience before commenting on. It really changes one's perspective.

@BOBdammit There isn't one. That's what I'm alluding to by calling every nation pathetic but one by one (like the eternal life dude from Hitchiker's Guide who goes on a mission to insult everyone in the Universe but in alphabetical order). I could be persuaded that Norwegian nations are less pathetic, however.

@rainmanjr
Wowbagger the Infinite, wasn't it?

@rainmanjr

Had 3 different east Indian girlfriends in the pass and been to India twice. Belize is my second house and home and it's called land of the free. They speaks English and have 7000 Island and all native residents are given free land.. Being unvaccinated is my only problem visiting this most beautiful place.

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