‘Marriage means relationship between man and woman’, know what states said on same-sex marriage in Supreme Court

Same Sex Marriage Hearing In SC: Hearing is going on for the last 10 days in the Supreme Court of India regarding the legal recognition of gay marriage. The constitutional bench of the Supreme Court is hearing the matter, and is hearing the side of the petitioners, the government and the Muslim Waqf Board in this matter. During the hearing, the government protested in the Supreme Court citing its compulsions against same-sex marriage and then threw the ball in the court of the states.

During the hearing last month, the Central Government had said in the Supreme Court, since this matter is not only related to the Union, but it will also affect the states and their associated governments and will directly affect their system, so we request that The opinion of every state should be taken on this matter. On which the Supreme Court had given its permission.

After this, a letter was written to the concerned officers of all the Union Territories and States and asked to participate in this proceedings and present their case. In the proceedings held on Wednesday (May 10) in the Supreme Court, many states have given their opinion on this, but some states have asked for more time regarding this.

Which states have kept their side?
During the hearing held on Wednesday, Solicitor General Tushar Mehta presented his side on behalf of Assam, Andhra Pradesh and Rajasthan. These states have opposed same sex marriage. Maharashtra, Uttar Pradesh, Manipur and Sikkim have just asked for more time to present their views.

What did Assam say on gay marriage?
The Assam government said, this matter demands a long discussion on various aspects of the institution like marriage as a social phenomenon. It can be said that even in different sections of the society, the legal understanding of marriage has been that of an agreement between two persons of opposite sex. Marriage, divorce and ancillary subjects come under Entry 5 of the Concurrent List of the Constitution and therefore it is within the jurisdiction of the State Legislature that it is within the jurisdiction of the Union Parliament.

The Assam government further said, it was not made a party to the case even though its ramifications clearly affected the state. The Government of Assam requested copies of the documents and arguments made before the Supreme Court so that it could appropriately put forward its necessary views before the court. The Supreme Court will continue hearing the case seeking legalization of same-sex marriage for the tenth day tomorrow (May 11).

What did Andhra Pradesh government say on same-sex marriage?
Opposing same-sex marriage, the Andhra Pradesh government said, according to Hindu scriptures, procreation is defined only as a relationship between a man and a woman, where there is no room for procreation through contact of either gender. In such a situation, the traditional matrimonial practice is believed to be only between man and woman.

At the same time, encouraging marriage between the same sex is contrary to the traditional system and social order. Marriage is meant to provide for procreation to pave the way for future generations but gay marriage does not seem to do that naturally. He said, gay marriage is not in line with religion, and it cannot be recognized.

What did the Rajasthan government say on gay marriage?
Opposing the legal recognition of same-sex marriages, the Rajasthan government has said that public sentiment in the state is against same-sex marriages. Section 5 of the Hindu Marriage Act (HMA) lays down the essential conditions of marriage. These provisions make it clear that any marriage ceremony between a man and a woman will be valid only when the age of the man is not less than 21 years and the age of the woman is not less than 18 years.

According to this act, marriage between two persons of opposite sex is considered valid in this act and the minimum age of separation has been fixed for them. Marriage is a sacrament in Hinduism which talks about giving recognition only to male and female relations.

He said, the contract that is made in Muslim religion is also valid only between a woman and a man, that’s why we oppose same-sex marriage.

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