In the midst of the country’s ongoing debate over same-sex marriage, the Rashtriya Swayamsevak Sangh stated on Tuesday that marriage is a ‘Sanskar’ in Hindu life that is not for enjoyment or contract but for social good.
This follows the Centre’s affidavit in which it argued that living together as partners by same-sex individuals, which is now decriminalised, is not comparable with the Indian family unit and that they are clearly distinct classes that cannot be treated identically.
Speaking to the ANI, RSS General Secretary Dattatreya Hosabale said that marriage can take place between two persons of opposite gender.
“Marriages can take place between two opposite genders. In Hindu life marriage is ‘Sanskar’, it isn’t for enjoyment, neither it is a contract. Living together is different, but what is called marriage is a ‘sanskar’ in Hindu life for thousands of years, which means that two individuals get married and live together not only for themselves, but for the family and for the social good. Marriage is neither for sexual enjoyment nor a contract,” he said.
The Centre filed the affidavit in response to various petitioners’ requests for legal recognition of same-sex marriage.
In its affidavit, the Centre argued that petitions seeking legal recognition of same-sex couples should be dismissed because they lack merit.
As part of its opposition to the petition seeking legal recognition of LGBTQ marriage, the government stated that same-sex relationships and heterosexual relationships are clearly distinct classes that cannot be treated similarly.
The Centre stated in its affidavit that it is for the legislature to judge and enforce such societal morality and public acceptance based on Indian ethos, and that western decisions without any basis in Indian constitutional law jurisprudence cannot be imported in this context.
“There is an intelligible differentia (normative basis) which distinguishes those within the classification (heterosexual couples) from those left out (same-sex couples). This classification has a rational relation with the object sought to be achieved (ensuring social stability via recognition of marriages),” the government said.
