Same-sex marriages shouldn't be allowed: BJP MP Sushil Kumar Modi
What's the story
Bharatiya Janata Party (BJP) Rajya Sabha MP Sushil Kumar Modi on Monday strongly objected to same-sex marriages in the Parliament, saying "two judges can't decide" on the significant subject. Such marriages, he urged, should be prohibited throughout the country. Notably, the matter is currently before the Supreme Court, which has sought the government's response to petitions seeking legal status for same-sex marriages in India.
Context
Why does this story matter?
The demand for the registration of same-sex marriages gained momentum after the top court decriminalized homosexuality in a landmark decision in 2018. Petitioners have been contesting that the denial of registration of same-sex marriages amounts to discrimination and a violation of their rights. The top court last month sought the responses of the central government on the aforementioned petitions before it by January 6.
Statement
Same-sex marriage will cause complete havoc: Modi
While calling same-sex marriages "unacceptable," Modi chastised "left-liberal activists" for attempting to legalize the same. "The judiciary should not give any order that is against the cultural ethos of the country," he remarked during the Zero Hour. "In India, same-sex marriage is neither recognized nor accepted in any uncodified personal law... Same-sex marriages will cause complete havoc with the delicate balance of personal laws."
Quote
'Two judges cannot decide on an important social issue'
While urging the government to argue against same-sex marriage in the apex court strongly, Modi said, "Two judges cannot decide on such an important social issue. There should be a debate in Parliament as well as the society at large."
Ruling
Landmark SC judgment in 2018
In 2018, the SC overturned a colonial-era ban on consensual gay sex and decriminalized homosexuality in a landmark decision. However, LGBTQ+ activists argue, despite the ruling, homosexual couples lack the fundamental right enjoyed by heterosexual couples as same-sex marriages lack legal sanctity, per Reuters. Notably, four same-sex couples petitioned the SC last month to alter or interpret the existing legislation to permit homosexual marriages.
Response
Centre's stance on the issue
To note, the Centre had opposed same-sex marriages in the past and once also said that courts should leave the law-making process to the Parliament. The Law and Justice Ministry, in a 2021 court filing, said that marriage in India depends on "age-old customs (and) rituals," and same-sex marriages aren't "comparable with the Indian family unit concept of a husband, a wife, and children."