After the central govt sought the views of the governments of states and union territories on the matter of same-sex marriage, petitions for which are being heard by the constitution bench of the supreme court, seven of them have submitted their responses. Of the 7 states, Assam, Andhra Pradesh and Rajasthan have opposed legal validation of same-sex marriage, while the other four have sought more time, saying the matter needs very intense and expansive debate.
This was informed by Solicitor General Tushar Mehta at a hearing on the matter by the five-judge constitution bench headed by Chief Justice D Y Chandrachud. He said that while Assam, Andhra Pradesh and Rajasthan have opposed the petitions, others like Manipur, Uttar Pradesh, Maharashtra and Sikkim said they can’t submit their views immediately as the matter is very complex and needs extensive discussions.
Andhra Pradesh govt has said that it consulted the religious heads of various religions in the State, and all of them opposed the demand for legal recognition of same-sex marriages. The special chief secretary to Andhra Pradesh government said, “After considering the above views, I am to inform that the state of Andhra Pradesh is against the same sex marriage and/or persons belonging to LGBTQIA+ community”.
The Rajasthan government has said that same-sex marriages will create imbalance in the social fabric, leading to far reaching consequences for the social and family system. The state govt said that based on a report by the Department of Social Justice and Empowerment, it is opposed to the petitions seeking recognition of same-sex marriage.
Assam govt made several arguments in its opposition to the demand. In its response, Assam govt said that the recognition of marriage for same-sex couples and the LGBTQIA+ community invokes new interpretations and challenges the validity of existing laws concerning marriage and various personal laws enforced in the state which has diverse cultures, creed, customs and religions.
The government of Assam said that while the matter calls for wide ranging discussions on the various aspects of the institution of marriage as a social phenomenon, across cross-sections of societies, the legal understanding of marriage has been that of an agreement or a contract between between two persons of opposite genders.
The state govt further argued that legislation is the prerogative of legislature at centre and states, adding that the courts should view matters related to legislation in accordance with the core principles of the country’s democratic structure. “The Legislature reflects the collective wisdom of the nation and its citizens, and it solely possesses the power to enact a law governing human relationships,” the Assam government said.
The response by Assam govt also said that the matters of marriage, divorce, and ancillary subjects fall under entry 5 of the Concurrent list of the Constitution, and therefore the matter is also in the domain of the state legislature along with the centre. Accordingly, the Assam government opposed the demand for recognition of same-sex marriage and sought time to place its views further.
“The state government which is not made a party in the instant litigation while the ramifications clearly affect the state, would therefore also request for copies of the documents, pleadings, etc., made before Supreme Court, so that it can reasonably advance its necessary views before the apex court at the earliest,” Assam govt said.
Responding the centre’s letter seeking views on the matter, Uttar Pradesh govt said that it cannot formulate its comprehensive response without wide consultation with all sections of the society. It said that it is not possible for the govt to provide any comprehensive response in such a short period of time, and sought more time.
Maharashtra also made similar comments, saying it is unable to provide a comprehensive response in the absence of complete material, including the pleadings of various parties before the apex court. The state govt said that the issue is sensitive and would potentially affect a cross section of the society in the state cutting through various religious sections.
Manipur govt said that its views or comments on the matter will require detailed assessment on the existing social customs, practices, values, rules etc that may be prevalent in different sections of the society. Therefore, the govt sought more time for proper examination for furnishing the views/comments on the matter.
The Sikkim govt said that it will constitute a committee to conduct an in-depth study to assess the ramifications of same-sex marriages on social customs, practices, values and norms after due consultation with all the stakeholders. Therefore, the state said that it will submit its comments after the committee submits its report on the matter.
It is evident that out of seven states that have submitted their views on the matter, none of them have supported same-sex marriage. Three have directly opposed it, while the other four are seeking more time to deliberate on the matter.
