Akhil Bhartiya Sant Samiti moves Intervention Application in SC, opposes same-sex marriage
Apr 17, 2023
New Delhi [India], April 17 : Akhil Bhartiya Sant Samiti has moved an Intervention Application in the Supreme Court and said that the concept of same-sex marriage is alien to our society and it is liable to be rejected in toto.
Akhil Bhartiya Sant Samiti, in the application, submitted that like some of the other Western countries who are following the same-sex relationship, we cannot just follow in our Indian Society.
"The concept of same-sex marriage is alien to our society and it is liable to be rejected in toto," Akhil Bhartiya Sant Samiti said in the Intervention Application through its general secretary Swami Jeetendranand Sarswatee.
The application has been moved through the advocate on record Atulesh Kumar. The organisation sought permission to intervene in the petitions seeking legal recognition of same-sex marriage.
Akhil Bhartiya Sant Samiti submitted that petitioners are trying to destroy the very Indian concept of marriage which is an institution in itself by advocating the concept of same-sex marriage.
"The concept of same-sex marriage is going to attack the whole family system in our country," Akhil Bhartiya Sant Samiti said.
Akhil Bhartiya Sant Samiti submitted that in the Hindu religion, marriage is defined as a religious sacrament in which a biological man and woman are bound in a permanent relationship for physical, social, and spiritual purposes of dharma and procreation. "The aim of marriage among Hindus is not merely physical pleasure or procreation but spiritual advancement but it is one of the sixteen sanskaras," the organisation said.
Akhil Bhartiya Sant Samiti submitted that in the Indian legal system, different communities are governed by different personal laws/codified laws. "These personal laws find constitutional protection. It is submitted 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 i.e. between a biological man and a biological woman," the applicant submitted.
Akhil Bhartiya Sant Samiti submitted that the legislative policy of a "marriage" in the Indian legal system has been between a biological man and a biological woman. There are categorical and definitive binaries with the usage of terms such as "husband", "wife", "mother", "father", "brother", "sister" etc. Any deviation/dilution of such definitions is a matter of legislative policy based on social and cultural realities and on extensive socio-legal research.
Akhil Bhartiya Sant Samiti submitted that the concept of marriage is more than just socio-legal recognition of a union of any two persons.
The top court is dealing with various petitions seeking recognition for same-sex marriages under statutory provisions of various enactments such as the Special Marriage Act, the Foreign Marriage Act, the Hindu Marriage Act, and others.
The matter will be heard by a five-judge constitution bench of the Supreme Court on April 18.
