Centre opposes petitions seeking recogisation of same-sex marriages. Says the acceptance of the institution of marriage between two individuals of the same gender is neither recognized nor accepted in any uncodified personal laws or any codified statutory laws.
#DelhiHC
#DelhiHC
Centre: Constitutional court can analyze the existing rights but cannot create a new right by the process of judicial adjudication.
Centre: Article 21 cannot be expanded to extend to include the fundamental right for a same-sex marriage to be recognised under the laws of the country which in fact mandate the contrary.
Centre: SC's decision in Navtej Singh Johar case does not extend the right to privacy to include a fundamental right in the nature of a right to marry by two individuals of the same gender in contravention of prevailing statutory laws.
Centre: The decision in Navtej Singh Johar case covers the personal private domain of individuals [akin to right to privacy] and cannot include public right in the nature of recognition of same-sex marriage and thereby legitimizing particular human conduct.
Centre: "Living together as partners and having a sexual relationship by same-sex individuals is not comparable with the Indian family unit concept of a husband, a wife and children which necessarily presuppose a biological man as a 'husband', a biological woman as a 'wife'.."
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