Same Sex Marriage ? Centre?s stance

Same Sex Marriage – Centre’s stance

News: The Centre's arguments in the SC covered issues from privacy to personal laws. Here are the six key points it

BasisCentre’s Stance
Religious definitions of marriage1.Various religions have recognised marriage only
between man and a woman.
2. The Special marriage act, 1954 was inacted to
overcome some limitations of personal laws. 
On ‘Legitimate’ interest of state1.The center cited several aspects of marriage which
the state has regulated, such as age of consent to
marriage, prohibition of bigamy, judicial separation,
and divorce.
2. Thus, The state can claim legitimate interest to
regulate, when to marry, how many times to marry,
whom to marry, how to separate.
On The right to privacy1. The center submitted that consenting sex between
two adults is in the sphere of privacy within the
intimate zone. However, recognising the relationship
between the very same two individuals as marriage
falling in the public zone has a necessary and
inevitable public element. 
Parliament must decide1. The center has repeatedly said decision on same-sex
marriage can only be made in Parliament.
2. There are a total 72 categories of genders falling
within the LGBTQIA+ community. This would mean
several permutations and combinations of marriage
and fact specific peculiar problems arising therefrom. 
On Interpreting the law1. The key argument of the Centre is that the Court
cannot interpret the Special Marriage Act to include
same-sex marriage in a meaningful way.
2. The Centre argued that the Court will have to
examine the “entire architecture of the Act rather than
examine a few words like husband, wife, etc
Effect on Personal lawsThe Centre argued that personal laws will inevitably be
affected even if the Court only looks at the Special
Marriage Act.
DICS Branches

Our Branches

DICS Ahmedabad


(Head Office)

Address : 506, 3rd EYE THREE (III), Opp. Induben Khakhrawala, Girish Cold Drink Cross Road, CG Road, Navrangpura, Ahmedabad, 380009.

Mobile : 8469231587 / 9586028957

Telephone : 079-40098991



Address: A-306, The Landmark, Urjanagar-1, Opp. Spicy Street, Kudasan – Por Road, Kudasan, Gandhinagar – 382421

Mobile : 9723832444 / 9723932444


DICS Vadodara


Address: 2nd Floor, 9 Shivali Society, L&T Circle, opp. Ratri Bazar, Karelibaugh, Vadodara, 390018

Mobile : 9725692037 / 9725692054


DICS Surat


Address: 403, Raj Victoria, Opp. Pal Walkway, Near Galaxy Circle, Pal, Surat-394510

Mobile : 8401031583 / 8401031587


DICS New Delhi

New Delhi

Address: 53/1, Upper Ground floor, Near Popular juice, Old Rajinder nagar, New Delhi -60

Mobile : 9104830862 / 9104830865