Religious leaders from various faiths stand in opposition to the recognition of same-sex marriages, citing concerns about the family structure, societal values, and religious scriptures.
The Multifaceted Opposition
Religious leaders of diverse faiths have come together to voice their opposition to the plea for the legal recognition of same-sex marriages in the Supreme Court. The opposition takes various forms:
1. Legal Challenge
The Jamiat Ulama-i-Hind has taken the lead by submitting an application to the Supreme Court challenging the petitions seeking legal validation for same-sex marriages. They argue that same-sex marriage would dilute the core concept of marriage, emphasizing the importance of opposite-sex unions in creating a bundle of rights such as maintenance, inheritance, guardianship, and custody.
2. Islamic Stand
The Jamaat-e-Islami Hind’s vice president, Salim Engineer, strongly opposes same-sex marriages, asserting that marriage, in its universally accepted meaning, refers to a union between a man and a woman. He believes that allowing same-sex marriages would jeopardize the well-established family system and violate the rights of men and women in society.
3. Jain Perspective
Jain guru Acharya Lokesh echoes these concerns, emphasizing that same-sex marriages go against the ancient values of society and the Jain faith. According to Jainism, marriage serves as the foundation for reproduction and the extension of the family tree, something that is not possible in same-sex marital alliances.
4. Christian Stance
The Communion of Churches emphasizes that marriage is a divine institution in the Christian faith. They firmly believe that a union between two persons of the same sex cannot be considered a valid marriage. This viewpoint prompted the Communion to reach out to the President regarding the issue.
5. Sikh Opposition
The Akal Takht, representing Sikh leadership, is also opposed to same-sex marriage, aligning with the broader religious sentiment.
6. RSS Position Shift
The Rashtriya Swayamsevak Sangh (RSS) has evolved its stance over time. While it once opposed the decriminalization of same-sex consensual relationships, it now maintains a more nuanced position, being open to same-sex relationships but firmly against same-sex marriage. RSS General Secretary Dattatreya Hosabale argues that marriage is meant to be between individuals of opposite genders, serving a purpose beyond mere enjoyment.
A Delicate Balancing Act
Chief Justice D.Y. Chandrachud leads a three-judge Bench that recognizes the complex interplay between the constitutional rights of LGBTQ+ community members and specific statutory enactments defining marriage as a union between a biological man and woman. This intricate balance of rights and laws has prompted the referral of the case to a five-judge Bench, emphasizing the importance of constitutional interpretation.
In the end, the battle over same-sex marriage recognition in India remains a contentious issue, with religious leaders raising profound objections, and the legal system navigating the fine line between personal rights and established laws.
