Agartala: The Vishva Hindu Parishad (VHP) in Tripura has written a letter to the Chief Justice of the Supreme Court of India requesting not to legalize same-sex marriage by the Judiciary in a hasty and hurried manner.
The VHP argues that the present representation is being given disturbed by the tearing hurry with which the Supreme Court of India has taken up upon itself to decide the issue of recognition of the right of marriage of same-sex persons, transgenders, queers, etc.
The VHP further stated that there is no grave urgency to decide and determine the present case when the country is still facing several other important issues in the socio-economic sphere.
The group expressed their deepest anguish at the hastiness shown by the Supreme Court on this issue and urged the Chief Justice to take appropriate steps to undertake wider consultation with all stakeholders before legalizing same-sex marriage.
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“While issues of eradication of poverty, implementation of basic and free education to all citizens, right to Pollution free environment, the problem of population control are affecting the entire population of the Country, there is no urgency shown nor Judicial activism seen on the part of Supreme Court of India”, the letter reads.
“The institution of marriage is not only a union of two heterosexuals but also the advancement of the human race. The term marriage as denned in various scripts and writing and also enactments, across religions, only refers to the marriage of two persons of the opposite sex. Society has evolved and grown in India considering marriage as a sacrosanct union of two heterosexuals and not a contract or agreement between the parties as per the popular belief in Western countries. The rights of same-sex persons and transgenders are already protected to a great extent by the Supreme Court of India in its judgements delivered in the case NALSA (2014) and Navtej Johar (2018). Therefore, it is not a case where this community is totally oppressed and unequal as claimed by them. On the contrary, the backward classes in India are still marginalized and discriminated due to caste”, it reads.
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They claimed that the community which is seeking to create a right within the Special Marriage Act, 1954 when the said Act applies only to the biological male and female and therefore, any attempt to read down/strike down any provision of the Act and to newly define a particular provision under the Act would clearly amount to rewriting the Act and taking over the power to legislate from the Executive.
“The marriage in India has a civilization importance and any attempt at weakening a great and time-tested institution should be opposed vociferously by the society. Indian cultural civilization has constantly been attacked for centuries but survived against all odds. Now in independent India it is facing attacks on its cultural roots by the superimposition of western thoughts, philosophies and practices which are not viable for this nation”, the VHP leaders read.
Expressing deepest anguish on the hastiness shown by the Supreme Court on this issue, the VHP leaders said that instead of catering to the pending backlog of cases and undertaking crucial reforms to ensure Access to justice and to resolve issues affecting the credibility of the judiciary, critical judicial time and infrastructure is being spent on such fanciful issues which are totally unwarranted.
“We thus respectfully urge you to take appropriate steps to undertake wider consultation with all stakeholders, if required, on the issue and ensure that same-sex marriage is not legalized by the judiciary when it wholly falls under the domain of the legislature”, the letter added.