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Opposing petitions searching for validation of same-sex marriages, the Muslim physique Jamiat Ulama-i-Hind has moved the Supreme Court saying they’re an attack on the family system, and in full contravention of all personal legal guidelines.
Looking for an intervention within the batch of petitions pending earlier than the highest courtroom, the organisation additionally cited the Hindu traditions, saying that the intention of marriage amongst Hindus, was not merely bodily pleasure or procreation but in addition non secular development.
It is likely one of the sixteen ‘sanskars’ in Hindus, the Jamiat mentioned. “This concept of same-sex marriage goes to attack the family system rather than making a family through this process,” Jamiat mentioned.
The high courtroom on March 13 had referred the pleas searching for authorized validation of same-sex marriages to a five-judge Constitution bench for adjudication, saying it was a “very seminal issue”.
A Bench headed by Chief Justice D.Y. Chandrachud mentioned the submissions on the difficulty concerned an interaction between constitutional rights on the one hand, and particular legislative enactments, together with the Special Marriage Act, on the opposite.
In its petition, Jamiat mentioned, “The nature of prayers in the present petition is in complete contravention of the established understanding of the concept of marriage in all personal laws— between a biological man and a biological woman— and thus intends to rake up the very core, i.e. the structure of a family unit prevailing in the personal laws system.”
“The concept of marriage between two opposite sexes is like a basic feature of the concept of marriage itself, which leads to the creation of a bundle of rights (maintenance, inheritance, guardianship, custody),” it acknowledged.
“By these petitions, petitioners are seeking to dilute the concept of marriage, a stable institution, by introducing a free-floating system by introducing the concept of same-sex marriage,” the plea said.
The Jamiat said that in Muslims, marriage is a socio-religious institution between a biological man and a biological woman, and any different interpretation given to the marriage shall lead to the persons claiming to be married under this category as non-adherents.
In a historic judgement on September 6, 2018, the Supreme Court decriminalised consensual gay sex between adults after years of activism.
Not a fundamental right
In an affidavit filed before the apex court, the government has opposed the petitions and submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country.
At the same time, it submitted that though the Centre limits its recognition to heterosexual relationships, there may be other forms of marriages or unions or personal understandings of relationships between individuals in a society and these “usually are not illegal”.
It mentioned western selections sans any foundation in Indian constitutional legislation jurisprudence, can’t be imported on this context, whereas asserting that granting recognition to human relations is a legislative perform and may by no means be a topic of judicial adjudication.
