The Vishwa Hindu Parishad (VHP) observed its second National Convention from April 22 to April 23 at Ayodhya. The members of VHP passed a resolution against ‘Same-Sex’ marriage. As per the resolution, marriage is a union between two people and that of the opposite sex only, as per various religious texts.
At the national convention, Vidhi Prakoshtha (legal cell) of the VHP passed a resolution against Same Sex marriage and as per the resolution the VHP demands honourable Supreme Court look into more serious and stringent matters lined up affecting the judiciary than entertaining such fancy and baseless demands.
The copy says, “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.”
About same-sex marriage it says, “The term marriage as defined in various scripts and writing and also enactments, across religions, only refer 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. “
India is a country of divergent religions, castes, and 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, reads the copy.
Defining the meaning of marriage in India the resolution reads, “ 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. “
Referring to the rights provided by the constitution of India, the resolution sheds light stating, “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 says.
Same-sex couple has been fighting a long battle for their recognition and talking about the history it says, 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 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 will clearly amount to rewriting the Act and taking over the power to legislate from the Parliament.
Marriage is a socio-legal institution that can be created, recognised, conferred with legal sanctity and regulated only by the competent legislature in the 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 recognise any institution called “marriage” either by way of a judicial interpretation or striking down / reading down the existing legislative framework for the marriages.
Considering the civilisational importance of marriage the resolution states, “The marriage is a socio-legal institution which can be created, recognized, conferred with legal sanctity and regulated only by the competent legislature in the 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.”
Marriage in India has civilisational importance and any attempt at weakening a great and time-tested institution should be opposed vociferously by 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, it reads.
Notably, the VHP made it very clear that they are against the demand of same-sex marriage and that expressed their deepest anguish on the hastiness shown by the Hon’ble Supreme Court on this issue.
The VHP demanded the honourable Supreme Court to cater to the pending backlog of cases and undertake 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.
