करंट टॉपिक्स

Legal cell of VHP passes a resolution against #SameSexMarriage

Spread the love

Ayodhya/New Delhi. Vidhi Prakoshtha (Legal cell) of VHP passes a resolution against #SameSexMarriage in its two day long national meet concluded in Ayodhya.  More than 500 advocates & retired judges from different states connected to lower courts to Supreme Court participated in it.

Ayodhya – Resolution

The Legal Cell of Vishwa Hindu Parishad is highly disturbed by the tearing hurry with which the Hon’ble Supreme Court of India has taken up upon itself to decide the issue of recognition of right of marriage of same sex persons, transgenders, queers, etc.

We believe that there is no grave urgency to decide and determine the case related to same sex marriage, when the country is still facing several other important issues in the socio-economic sphere. While issues of eradication of poverty, implementation of basic and free education to all citizens, right to Pollution free environment, problem of population control are affecting the entire Country, there is no urgency shown nor judicial activism seen on the part of Hon’ble Supreme Court of India.

India is a country of divergent religions, castes, sub-castes which for centuries together have recognised only marriage amongst biological male and female. The institution of marriage is not only a union of two heterosexuals but also the advancement of the human race. The term marriage as defined in various scripts and writing and also enactments, across religions, only refer to marriage of two persons of opposite sex. The 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.

Further in India the marriage is not merely a union of two individuals but also it is a union of two families and the reputation of the families is being tested on the basis of marriages in their respective families. Marriages in India is celebrated like festivals from time immemorial, which will not be possible in the cases if same sex marriage is allowed.

We should not forget that India is being governed by the Constitution and there is a clear separation of powers given in the Constitution, per which the legislative function is entrusted to the Parliament and State Legislatures and not to the Supreme Court or High Courts but the present case is clearly an effort to encroach into the sovereign powers of Parliament with the intention to direct Parliament to legislate in favour of same sex marriages. Recently in another matter related to reservation to Dalits who converted into Christianity or Islam, the Supreme Court is also compelling Parliament to accept recommendations of a particular report which has been dumped by the Parliament sixteen years back by the same Government who appointed that particular Commission.

It is important to note that, the community is seeking to create a right within the Special Marriage Act, 1954 when the said Act applies only to 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 will clearly amount to rewriting the Act and taking over the power to legislate from the Parliament.

The marriage is a socio-legal institution which can be created, recognized, conferred with legal sanctity and regulated only by the competent legislature in exercise of its power under Article 246 of the Constitution of India. The recognition of human relations like that of a “marriage” is essentially a legislative function and the courts cannot either create or recognize any institution called “marriage” either by way of a judicial interpretation or striking down/reading down the existing legislative framework for the marriages.

The marriage in India has a civilizational 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.

In light of the aforesaid, we express our deepest anguish on the hastiness shown by the Hon’ble Supreme Court on this issue. 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 Judiciary, critical judicial time and infrastructure is being spent on such fanciful issues which is totally unwarranted.

Leave a Reply

Your email address will not be published. Required fields are marked *