Bharatiya Janata Party (BJP) MP Sushil Kumar Modi, on Monday, December 19, told Rajya Sabha that the issue of same-sex marriages in the country could not be decided by courts alone, and that it required debate. “Two judges cannot sit and take a decision on such social issues. There should rather be a debate in Parliament and society,” the former Bihar deputy chief minister said, adding that attempts were being made by ‘left-liberal democratic people and activists’ to legalise same-sex marriages in the country.
He also said that this was “against our culture and ethos,” encouraging the Union government to strongly present its case in court. “Same-sex marriages will cause complete havoc with the delicate balance of personal laws in the country,” he said. Sushil also said that issues such as family, children, and their upbringing were related to the institution of marriage, as were those of adoption, domestic violence, divorce, and a wife’s right to stay in the marital home.
Sushil added, “Some left-liberal, democratic people and activists want India to follow the West” on this issue, referring to the US Senate’s decision last week to grant legal status to same-sex marriages.
Sushil further said that marriage was considered sacred in India and was only meant as a “relationship between a biological man and woman,” underscoring its ‘importance’ in the country’s ‘cultural and societal values’, rituals, and traditions. The BJP leader went on to say that the Hindu religion considered marriage of divine origin, adding that same-sex marriages were neither recognised nor accepted in any uncodified personal laws like the Muslim personal law or in any codified statutory law. He also asked the judiciary to “not take any decision which is against the culture, ethos, and beliefs of the country.”
The MP’s comment comes at a time when the Supreme Court is to hear pleas regarding legalising of same-sex marriages in India. On November 25, two gay couples filed Public Interest Litigations (PILs) at the apex court seeking recognition of same-sex marriages under the Special Marriage Act. A bench headed by Chief Justice DY Chandrachud issued notices to the Attorney General R Venkataramani and the Union government, which are to be returned within four weeks.