Opposition to Legalizing Same-Sex Marriage in India: State Perspectives

Opposition to Legalizing Same-Sex Marriage in India: State Perspectives


State Opposition to Same-Sex Marriage:

The Central government has informed the Supreme Court about the opposition from Assam, Andhra Pradesh, and Rajasthan regarding the legalization of same-sex marriages in India. This disclosure emerged during a hearing before a five-judge Constitution bench addressing petitions advocating for marriage equality rights for the LGBTQIA+ community.


Responses from State Governments:

Solicitor General Tushar Mehta, representing the Centre, revealed that these states conveyed their stance in response to the Union government's inquiry on the issue of same-sex marriage. The Centre had sent a letter to all states on April 18, soliciting their opinions on the matter.


Divergent State Views:

Among the states that responded, Assam, Rajasthan, and Andhra Pradesh opposed the legalization of same-sex marriage. Conversely, Maharashtra, Uttar Pradesh, Manipur, and Sikkim requested additional time to formulate their responses.


Concerns Raised by Opposing States:

Rajasthan argued that legalizing same-sex marriages could disrupt the social fabric and have profound implications for the social and family systems. Meanwhile, Assam expressed concerns about the potential impact on personal laws if such marriages were permitted.


Legal Landscape and Constitutional Provisions:

The issue of same-sex marriage in India has been a topic of debate and legal scrutiny for several years. Constitutional provisions such as the right to equality and non-discrimination under Articles 14, 15, and 21 of the Indian Constitution form the basis for arguments in favor of marriage equality.


Significance of Judicial Decisions:

Judgments such as Navtej Singh Johar v. Union of India, in which the Supreme Court decriminalized consensual same-sex relations, have provided momentum to the LGBTQIA+ rights movement. However, the opposition from certain states underscores the complex socio-cultural and legal challenges associated with recognizing same-sex marriages in India.


Need for Comprehensive Deliberation:

The differing opinions highlight the need for comprehensive deliberation and consideration of various factors before any decision is made on this significant issue. As the Supreme Court continues to hear arguments and assess the legal framework surrounding same-sex marriage, it remains to be seen how the judiciary navigates these diverse perspectives to uphold principles of equality and justice for all individuals, regardless of sexual orientation.

Location: Pune, Maharashtra, India

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