Tripura: Vishva Hindu Parishad writes to Chief Justice of Supreme Court requesting not to legalize same sex marriage

Vishva Hindu Parishad (VHP) in Tripura has written a letter to the Chief Justice of Supreme Court of India requesting not to legalize same sex marriage in haste as the present representation is being disturbed by the tearing hurry with which the Supreme Court of India has taken up upon itself to decide the issue of recognition of right of marriage of same sex persons, transgenders, queer etc.

Pointing out that there are still several other issues of grave importance in the socio-economic sphere, the VHP urged the apex court not to run into hurry to determine the present case of the same sex marriage.

“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 population of the Country, there is no urgency shown nor Judicial activism seen on the part of  Supreme Court of India”, the letter reads.

It reads that India is a country of divergent religions castes, sub-castes which for centuries together have recognized 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 denned in various scripts and writing and also enactments, across religious, 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. The rights of same sex persons and transgenders are already protected to a great extend 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 the caste”, it reads.

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 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 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 reads.

Expressing deepest anguish on the hastiness shown by the Supreme Court on this issue, the VHP leaders said that unstead 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.

“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.

Also read : Tripura MP Biplab Deb terms CPIM’s statement hackneyed jargon, says they have no acceptance