Editor's Pick: Centre terms demand for same-sex marriages urban elitist view

The Centre told the Supreme Court on Monday that the demand for legal recognition of same-sex marriage is merely a voicing of “urban elitist views” for the purpose of social acceptance. Further, the Centre stated in its affidavit that the legal recognition of same-sex marriage would “seriously affect the interests of every citizen.” It had filed the affidavit on the eve of the hearing of the same-sex marriage which is being heard by a Constitutional Bench led by Chief Justice of India D.Y. Chandrachud. In an interesting argument, the Centre reasoned that the fundamental rights such as the right to choose one’s sexual orientation alongside the right to privacy have already been protected under the Transgender Persons (Protection of Rights) Act, 2019. “Any further creation of rights, recognition of relationship and giving legal sanctity to such relationships can be done only by the competent legislature and not by judicial adjudication,” it argued. The petition put forth that the court should not try to judicially create a ‘new social institution’ by endorsing same-sex marriage. The task should be left to the Parliament; the people would decide whether “marriage of a different kind” is socially and religiously acceptable or not. Separately, its affidavit stated the court would adjudicate solely based on petitions containing “elitist views” whilst the legislature would take into consideration broader views and voices of the rural, semi-rural and urban population, the religious denominations, personal laws and customs and effect of same-sex unions on other laws governing marriage. “Creation or recognition of a new social institution cannot be claimed as a matter of right/choice, much less a fundamental right,” the Centre argued, adding, that the right to personal autonomy does not include the right for the recognition of same-sex marriage. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. Click here. The Hindu’s Editorials Promoting impunity: on the 2021 Oting massacre case in Nagaland Sudan’s tragedy: on the power struggle between two generals The Hindu’s Daily News Quiz According to the new pay hikes announced by the BCCI, how much do the winners of the men’s Ranji Trophy stand to win? 4 crores 2 crores 5 crores 6 crores To know the answer and to take the quiz, click here. [logo] Editor's Pick 18 April 2023 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( Centre terms demand for same-sex marriages urban elitist view The [Centre told]( Supreme Court on Monday that the demand for legal recognition of same-sex marriage is merely a voicing of “urban elitist views” for the purpose of social acceptance. Further, the Centre stated in its affidavit that the legal recognition of same-sex marriage would “seriously affect the interests of every citizen.” It had filed the affidavit on the eve of the hearing of the same-sex marriage which is being heard by a Constitutional Bench led by Chief Justice of India D.Y. Chandrachud. In an interesting argument, the Centre reasoned that the fundamental rights such as the right to choose one’s sexual orientation alongside the right to privacy have already been protected under the Transgender Persons (Protection of Rights) Act, 2019. “Any further creation of rights, recognition of relationship and giving legal sanctity to such relationships can be done only by the competent legislature and not by judicial adjudication,” it argued. The petition put forth that the court should not try to judicially create a ‘new social institution’ by endorsing same-sex marriage. The task should be left to the Parliament; the people would decide whether “marriage of a different kind” is socially and religiously acceptable or not. Separately, its affidavit stated the court would adjudicate solely based on petitions containing “elitist views” whilst the legislature would take into consideration broader views and voices of the rural, semi-rural and urban population, the religious denominations, personal laws and customs and effect of same-sex unions on other laws governing marriage. “Creation or recognition of a new social institution cannot be claimed as a matter of right/choice, much less a fundamental right,” the Centre argued, adding, that the right to personal autonomy does not include the right for the recognition of same-sex marriage. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. [Click here.]( The Hindu’s Editorials [Arrow][Promoting impunity: on the 2021 Oting massacre case in Nagaland]( [Arrow][Sudan’s tragedy: on the power struggle between two generals]( The Hindu’s Daily News Quiz According to the new pay hikes announced by the BCCI, how much do the winners of the men’s Ranji Trophy stand to win? - 4 crores - 2 crores - 5 crores - 6 crores To know the answer and to take the quiz,[click here.]( [Sign up for free]( Today's Best Reads [[Ajit Pawar denies rumours of defecting to BJP, asks if an affidavit would prove NCP loyalty] Ajit Pawar denies rumours of defecting to BJP, asks if an affidavit would prove NCP loyalty]( [[Same-sex marriage hearing | We are in charge, don’t tell us how to conduct our proceedings, SC tells govt.] Same-sex marriage hearing | We are in charge, don’t tell us how to conduct our proceedings, SC tells govt.]( [[Heat wave in East India to continue for next 4 days: IMD] Heat wave in East India to continue for next 4 days: IMD]( [[Active Covid cases in country climb to 60,313] Active Covid cases in country climb to 60,313]( Copyright @ 2023, THG PUBLISHING PVT LTD. 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