Two judges cannot decide on same-sex marriage, needs debate in Parliament, says BJP MP Sushil Modi
The BJP leader said some ‘left-liberal people’ are pursuing western culture and trying to bring in a law for recognition of same-sex marriage in India.
Bharatiya Janata Party MP Sushil Kumar Modi on Monday said that same-sex marriage should not be legalised in the country and the judiciary should also not give any decision which goes against the cultural ethos of India.
“Some left-liberal people, as well as activists, are trying to bring in such laws in India as they pursue western ideology,” the politician said during Zero Hour in the Rajya Sabha. “Marriage means the relationship between a biological man and biological woman.”
The MP from Bihar said that in Asia, Taiwan is the only country that has legalised same-sex marriage and in India, some “left liberals” are attempting to bring in a similar law.
“In India, same-sex marriage is neither recognised nor accepted in any uncodified personal law or codified statutory law,” Modi said. “Same-sex marriage will cause complete havoc to the delicate balance of personal laws of the country. Two judges can’t sit and decide. This should be debated in Parliament.”
A Supreme Court bench comprising Chief Justice DY Chandrachud and Justice Hima Kohli is hearing pleas seeking recognition of same-sex marriage under the Special Marriage Act, 1954. On November 25, the court had issued a notice to the Centre and Attorney General R Venkataramani seeking their response in the matter.
During Monday’s Parliament session, Modi said that the Centre should strongly oppose the same-sex marriage in the court.
He argued that laws related to adoption, domestic violence, divorce and right to stay in marital home are associated with the institution of marriage between men and women. Therefore, legalising same-sex marriage will also call for changes to such existing laws, he said.
In 2018, a verdict by the Supreme Court decriminalised homosexuality. However, discrimination against LGBTQI people is still widespread.