The Akhil Bhartiya Sant Samiti has recently moved an Intervention Application in the Supreme Court stating that the concept of same-sex marriage is alien to Indian society and should be rejected in toto.
The organization further argues that just because some Western countries have adopted the practice of same-sex marriage, it doesn’t mean that India should follow suit. Application to intervene in petitions for the legal recognition of same-sex marriage has been submitted through the advocate on file, Atulesh Kumar.
According to the organization’s general secretary, Swami Jeetendranand Sarswatee, the petitioners are trying to destroy the very Indian concept of marriage, which is an institution in itself, by advocating for the concept of same-sex marriage. The organization argues that the concept of same-sex marriage is going to attack the whole family system in India, and that it is not in line with the Hindu religion, which defines marriage as a religious sacrament between a biological man and woman.One of the sixteen sanskaras, the goal of marriage for Hindus is spiritual advancement, not just physical pleasure or procreation.
The organization argues that different communities in India are governed by different personal laws/codified laws that find constitutional protection, and that the nature of prayers in the present petition is in complete contravention of the established understanding of the concept of marriage in all personal laws in India, which defines marriage as between a biological man and woman. The legislative policy of marriage in India has been between a biological man and woman, and any deviation or dilution of such definitions is a matter of legislative policy based on social and cultural realities and extensive socio-legal research.
The organization submits that the concept of marriage is more than just the socio-legal recognition of a union of any two persons. There are categorical and definitive binaries with the usage of terms such as “husband”, “wife”, “mother”, “father”, “brother”, “sister”, etc. The organization argues that any attempt to redefine the meaning of these terms would result in a dilution of the institution of marriage, as it is currently understood and recognized in Indian society.
Various petitions requesting recognition of same-sex marriages under the statutory provisions of various enactments, such as the Special Marriage Act, the Foreign Marriage Act, the Hindu Marriage Act, and others, are currently being heard by the Supreme Court. While the organization argues against the legalization of same-sex marriage, proponents of the practice argue that it is a matter of individual liberty and equality before the law.
There has been a long-standing debate on same-sex marriage in India, with opinions divided on the matter. While some argue that it is a violation of traditional Indian values and beliefs, others argue that it is a matter of individual rights and freedom. The Supreme Court’s decision on the matter will have significant implications for the LGBTQ+ community in India and their struggle for equal rights and recognition.
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