In a move that is sure to spark controversy, a group of former judges has issued a statement condemning the potential legalization of same-sex marriage in India. The statement argues that legalizing same-sex marriage would be a violation of Indian culture and tradition. The statement says that vested interest groups are working towards legalisation of same sex marriage, and the matter is being considered by the Supreme Court and the issue has gained momentum in the recent past after it was referred to a constitutional bench.
The letter has been signed by 21 retired judges, including former Chief Justice of Rajasthan High Court Justice (retired) SN Jha, Justice (retd) MM Kumar, former Chief Justice of Jammu and Kashmir High Court, Gujarat Lokayukta Justice (retd) SM Soni and Justice (retd) SN Dhingra. They asked the Supreme Court not to mandate legalisation of same-sex marriage, reminding that the exercise of law-making is an exclusive domain of legislature and the judiciary should not intervene in the matter.
The group of retired judges said in the statement that “The people of the nation, hailing from various strata of society across regional and religious lines, are deeply shocked by this western-tinted outlook that is being superimposed on Bharatiya society and culture to weaken the family system.”
A group of former Judges issue a statement over the issue of legalisation of same-sex marriage.
— ANI (@ANI) March 29, 2023
“We respectfully urge the conscious members of the society including those who are pursuing the issue of same-sex marriage In Supreme Court to refrain from doing so in the best… pic.twitter.com/FJZsdkPPLr
The Judges have argued against the legalisation of same-sex marriages, saying that legalising same-sex marriage will strike at the very root of the family system and thus will have a devastating impact on society at large.
In their argument, they said “It is evident since times immemorial that the purpose of marriage is not confined only to physical intimacy of partners but goes far beyond … Unfortunately, certain versed interest groups having no knowledge and regard of the civilisational importance of marriage have approached the court praying for legalising of same-sex marriage. Any attempt at weakening a great and time-tested institution should be opposed vociferously by society.”
It then adds, “Indian cultural civilization has constantly been attacked for centuries but survived against all odds. Now in independent India it is facing attacks on its cultural roots by the superimposition of western thoughts, philosophies and practices which are not viable for this nation at all. The cancerous problems that the West is facing are sought to be imported into Bharat by vested interest groups through the misuse of judiciary as an institution in the name of right to choice.”
The retired judges also say that while pursuing the matter, it is pertinent to take lessons from nations across the globe. The letter further says that 70% of new cases of HIV and AIDS in the US were among gay and bisexual men and therefore there is an associated health consequence with this move.
The letter adds that there are studies which state that legalising homosexual marriage will have negative consequences for the children adopted by such couples, including their emotional and psychological development as well as their nurturing in an environment devoid of balanced parenthood. “Same-sex marriage undercuts the procreative norm associated with marriage. It caters to individual emotional health at the cost of larger social health,” they argue.
The letter further state that the recognition of same-sex marriage will change the entire gamut of all personal laws from marriage to adoption and succession. In the long run, there are serious concerns that the gene pool is also going to be weakened affecting the entire human race, especially in terms of collective herd immunity and progressive evolution.
“Therefore, owing to its devastating impact on children, family, and society, mindless attempts to ape the practices of West in India, especially by legalising same-sex marriage, would prove to be a death knell to the already crumbling family system and devastating impact on the society at large,” the statement says.
The statement says that this is a matter that needs wider discussion and can’t be decided in a court. They wrote, “Since times immemorial, Bharat has a tradition of samvaad and shastrarth to inquire into the greater good for our society. Instead of having wide-range discussions and deliberations amongst the stakeholders and without there being any vociferous demand from any section of society, such a hasty judicial intervention is unfortunate, and totally unwarranted. The separation of powers is a part of the basic structure of the Indian Constitution. The exercise of law-making is an exclusive domain of the legislature and not the judiciary, especially in matters exclusively within social and political domain.”
“In view of the above, it is our concerted opinion that such a sensitive issue concerning the society at large be debated in the Parliament and State legislature as well. Even before bringing such kind of law, the opinion of the society must be obtained to ensure that the law must represent the wish of the society and do not fulfil the desire of few elite sections of the society,” read the letter by the former judges.
“We thus respectfully urge the conscious members of the society including those who are pursuing the issue of same-sex marriage in the Supreme Court to refrain from doing so in the best interest of Indian society and culture,” urged the group of retired judges in the statement.
