'Heterosexual Marriages The Norm' : Centre Opposes Pleas In Supreme Court Seeking Recognition For Same-Sex Marriages https://www.livelaw.in/amp/top-stories/same-sex-marriage-supreme-court-heterosexual-marriage-homosexual-centre-opposes-223558- LIVELAW 2023-03-12
The Centre argued that no fundamental rights under Part III of the Constitution are breached due to the non-recognition of the same-sex marriage.
The recognition of only hetro-sexual marriages is based on a reasonable classification. "There is an intelligible differentia (normative basis) which distinguishes those within the classification (heterosexual couples) from those left out (same sex couples). This classification has a rational relation with the object sought to be achieved (ensuring social stability via recognition of marriages)", the affidavit read. Therefore, there is no violation of the equality clause under Article 14.
Further, it is argued that not recognizing homosexual marriages cannot be construed as discrimination under Article 15(1). "This is because no other form of cohabitation enjoys the same status as heterosexual marriage including Heterosexual live-in relationships...To fall foul of Article 15(1), there should be discrimination only on the basis of sex. It is evident that this condition precedent is not at all satisfied in the present case".
There can be no fundamental right for recognition of a particular form of social relationship.
The Centre argued that no fundamental rights under Part III of the Constitution are breached due to the non-recognition of the same-sex marriage.
The recognition of only hetro-sexual marriages is based on a reasonable classification. "There is an intelligible differentia (normative basis) which distinguishes those within the classification (heterosexual couples) from those left out (same sex couples). This classification has a rational relation with the object sought to be achieved (ensuring social stability via recognition of marriages)", the affidavit read. Therefore, there is no violation of the equality clause under Article 14.
Further, it is argued that not recognizing homosexual marriages cannot be construed as discrimination under Article 15(1). "This is because no other form of cohabitation enjoys the same status as heterosexual marriage including Heterosexual live-in relationships...To fall foul of Article 15(1), there should be discrimination only on the basis of sex. It is evident that this condition precedent is not at all satisfied in the present case".
There can be no fundamental right for recognition of a particular form of social relationship.