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Legalisation of Same Sex Marriages: Is This The Limit to Creating Progressive Rights

  • Posted on April 18, 2023
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Same-Sex Marriage Gets Nod In US

Legalisation of Same Sex Marriages:-

The petition seeking the legalization of same-sex marriages is scheduled to be heard before the Apex Court of India today, i.e., on 18/4/23. However, it is expected that matters involving intricate social and traditional issues will not be resolved easily. 

Many public bodies have sided with the Centre in opposing the legalization of same-sex marriages, given some adverse social implications.


The opposition to the legalization of same-sex marriage has been raised by the Centre, Madhya Pradesh, and Gujarat state governments, National Commission for Protection of Child Rights, Shakti Foundation, Jamiat Ulama-i-Hind, Shri Sanatam Dharm Pratinidhi Sabha, Telangana Markazi Shia Ulema Council, Kanchan Foundation, Akhil Bharatiya Sant Samiti and many other individuals who belong to the LGBTQ community themselves.


Same-Sex Marriage
Same-Sex Marriage Contversy mint

Grounds of Opposition

The stance of the public bodies and individuals opposing the motion of legalizing same-sex marriages are supported by many grounds:

  1. Children will be deprived of overall development when brought up by a same-sex couple.

  2. The sacred and traditional institution of marriage has only existed between heterosexual couples, and such legalization will be contrary to primitive religious ideals.

  3. The legalization of consensual sexual involvement between individuals of the same sex has already expanded social boundaries and brought them into coherence with progressive rights.


Centre’s Preliminary Opposition


The Centre has raised a contention that the Supreme Court does not have the preliminary jurisdiction to create a new institution of marriage. The Centre’s argument lies in the presumption that legalizing same-sex marriages would create a new institution of Marriage and that the Supreme Court is not capable of taking such an action. Such an action of introducing a new social practice can be taken only by the legislation of the Parliament and not by judicial construction.


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