Bharatiya Janata Party (BJP) MP Sushil Kumar Modi on Monday said that same-sex marriage should not be legalised in the country, adding that it is a “societal issue” and the judiciary shouldn’t decide over its legality.
He further said that the issue must be deliberated over in the Parliament and in society instead.
The BJP MP raised the issue in the Rajya Sabha during the Zero Hour.
Claiming that there is “concern” over “rising demand for legal recognition to marriage between people of same-sex” in India, Modi, in a series of tweets posted on Monday, said, “Within India, same sex marriage is neither recognised nor accepted by any uncodified person laws and codified statutes governing the institution of marriage in the country. It would hence cause complete havoc with the delicate balance of personal laws in the country.”
“Laws related to adoption, domestic violence, divorce & right to stay in marital home are associated with the institution of marriage between men and women. Moreover, marriage is an institution wherein both men and women live together and carry forward the human chain by producing children,” the BJP MP added.
“Given that same sex marriage is a societal issue the judiciary shouldn’t decide over its legality. The issue must be deliberated over in parliament and in society instead,” Modi said.
Urging Centre to staunchly oppose same-sex marriage in the court, Modi attacked “left liberals and activists” who he says have been demanding that same-sex marriages be granted legal recognition under “western influence”.
A Supreme Court bench headed by Chief Justice of India DY Chandrachud and Justice Hima Kohli is hearing petitions seeking recognition of same-sex marriage under the Special Marriage Act, 1954. The apex court on November 25 had issued notice to the Centre and the Attorney General for India on a plea by two gay couples seeking recognition of same-sex marriage.
The petitions were filed by Supriyo Chakraborty and Abhay Dang, and Parth Phiroze Mehrotra and Uday Raj Anand, reported The Indian Express.
Further, Sushil Modi on Monday said the government should come up with a legislation to fix the same marriage age for women of all religions, during special mentions in the Rajya Sabha, reported news agency PTI.
He said different laws related to Hindus, Christians and Parsis and the Special Marriage Act 1954 has determined minimum marriage age of 18 years for a woman and 21 years for man but the Muslim Personal Law holds marriage of a girl legal after she has attained puberty.