New Delhi: The Centre in a filing to the Supreme Court on Sunday stuck to its earlier stanthat same-sex marriage is not compatible with the concept of
an “Indian family unit”, which it said consists of “a husband, a wife, and children which necessarily presuppose a biological man as a ‘husband’, a
biological woman as a ‘wife’ and the children born out of the union between the two – who are reared by the biological man as father and the biological woman as mother”. It is submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country, it said. In its affidavit, filed before the Supreme Court which is scheduled to hear the matter on Monday, the Centre said living together as partners and having sexual relationship by same sex individuals (which is decriminalised now) is not comparable with the Indian family unit concept, urging the court to reject challenges to the current legal framework lodged by LGBTQ+ couples.
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