Court shouldn't interfere on same-sex marriage law, let Parliament decide: Former judge

New Delhi [India], March 29 : Amid the debate over the legalisation of same-sex marriage, Justice (retired) SN Dhingra on Wednesday said the court should not interfere in the matter as society's opinion is important on the issue.

Speaking to , Justice (retd) SN Dhingra said, "India does not need to follow European countries on these subjects. We cannot sacrifice Indian ideals. The court should not interfere in sensitive issues like same-sex marriage. The subject is related to society and the opinion of society on these matters is important. Parliament is paramount in making laws and the MPs elected to Parliament represent the people of the country."

So the Parliament, he said, has the right to decide or make laws regarding same-sex marriage.

"The Supreme Court should not move forward on this subject considering the PIL filed by some people as the basis. There are thousands or lakhs of people in the country who have not filed a petition in the court. If the Supreme Court has a special interest in this matter, then the discussion in the House (Parliament) can be started through a private member bill by some elected MPs," Justice (retd) Dhingra said.

Notably, a group of former judges issued an open letter regarding the debate of same-sex marriage legislation and has urged the central government that same-sex marriage should not be allowed in India keeping the culture of the nation.

Justice (retd) Dhingra said it is not the job of the courts to declare same-sex couples as married couples, but the Parliament. He demanded a comprehensive discussion on the matter.

Dhingra said on such sensitive issues related to society, the court should not even accept the petition (PIL) and discuss it.

He said if the Supreme Court continues to move forward on this legislation then it will be difficult to repeal this law, therefore it is necessary to discuss this subject in the Parliament.

The Centre, in its affidavit, has opposed the plea seeking legal recognition of same-sex marriage, saying that living together as partners by same-sex individuals, which is decriminalised now, is not comparable with the Indian family unit and they are clearly distinct classes which cannot be treated identically.

In the affidavit, the Centre has opposed the plea and said that pleas seeking legal recognition of same-sex marriage ought to be dismissed as there exists no merit in these petitions.

Same-sex relationships and heterosexual relationships are clearly distinct classes which cannot be treated identically, the government said on its stand against the petition seeking legal recognition of LGBTQ marriage.

It is for the legislature to judge and enforce such societal morality and public acceptance based upon Indian ethos, the Centre said in its affidavit and added that western decisions sans any basis in Indian constitutional law and jurisprudence, cannot be imported in this context.

In the affidavit, the Centre apprised the Supreme Court that living together as partners by same-sex individuals, which is decriminalised now, is not comparable with the Indian family unit concept of a husband, a wife and children.

The Supreme Court referred various petitions seeking legal recognition of same-sex marriage to the Constitution Bench.

A bench headed by Chief Justice of India DY Chandrachud listed the petitions seeking legal recognition of same-sex marriage to a five-judge bench constitution bench.