New Delhi: Centre on Monday informed Supreme Court that the petitions seeking legal recognition of same-sex marriage merely reflect ‘urban elitist views’ and cannot be compared with the appropriate legislature which reflects the views and voice of a far wider spectrum.
The Centre’s submission came in a fresh application where they raised questions pertaining to the maintainability of the petitions as a preliminary issue, saying that the prayers made would entail the judicial creation of a social institution called ‘marriage’ of a different kind than contemplated under the existing law.
Various petitions seeking legal recognition of same-sex marriage will be heard by a five-judge Constitution bench of the Supreme Court on April 18.
Centre informed the apex court that any further creation of rights, recognition of relationships, and giving legal sanctity to such relationships can be done only by the competent legislature and not by judicial adjudication.
Centre has raised critical issues as to whether questions of such a nature, which necessarily entail the creation of a new social institution, can be prayed for as a part of the process of judicial adjudication. It said that the petitioners seeking recognition of same-sex marriage do not represent the view of the entire population of the nation.
Centre informed the apex court that judicial intervention to create this new institution of same-sex marriage risks upsetting this balance apart from being without jurisdiction.
The Centre further informed that same-sex marriage issues are left for being decided by the competent Legislature where social, psychological, religious and other impacts on society can be debated.
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