The Jamiat-Ulama-I-Hind has opposed the batch of pleas before the Supreme Court seeking legalisation of same-sex marriages [Supriyo and anr vs Union of India]
In an intervention application filed in the matter, the Islamic religious body said that notions like same sex marriage originate from western culture that have radical atheistic worldviews and the same should not be imposed on India.
“Petitioners are seeking to dilute in the concept of marriage, a stable institution, by introducing a free-floating system by introducing the concept of same-sex marriage … [it] goes to attack the family system rather that making a family through this process … invoking the principle of constitutional morality to justify same sex marriage based on the fact that in some part of the world this practice is legal, can be very harmful for the social order of the other part,” the application drawn by and filed through advocate MR Shamshad stated.
Pertinently, it said that Islam recognises marriage only between biological men and women.
“In the Islamic paradigm, fathers and mothers are complimentary to each other but not interchangeable … Theologically, the rulings with respect to the dress code, prayer to even mannerisms differ based on one‟s gender.”
It was argued that pro-LGBTQIA+ movements have their roots in Western, atheistic societies and value systems.
“If we trace the epistemology of the Western sexual liberation movements, the defining figures are nearly all staunch atheists. Since the atheistic worldview had a decisive influence qua the present alterations in the ideas of sexual morality, it must not be allowed to create any space within the religiously governed personal laws of communities,” the application said.
The Supreme Court is seized of a batch of petitions seeking recognition of same-sex marriages under law. The petitioners have prayed that the right to marry a person of one’s choice should extend to LGBTQIA+ citizens as well.
The Court had last month said that the matter will be heard by a Constitution bench.
The Central government has also opposed the petitions.
In its counter-affidavit, the Central government argued, among other things, that living together as partners and having sexual relationship by same-sex individuals is not comparable to the Indian family unit concept.
The Jamiat’s application said that allowing the petitioners’ prayers will have ‘adverse implications’.
Further, countries that have legalised such marriages have crossed a certain level of threshold of social order, acceptance and literacy.
“The concept of marriage between two opposite sexes is like ‘basic feature’ of the concept of marriage itself which leads to the creation of a bundle of rights … This logic that other countries have legalized the inclusion of same-sex relationships in the concept of marriage cannot be introduced in India.”
Religions have certain norms and rules, and one becomes a sinner on not complying with the same, it was contended.
“Any person who questions the well-established norms of a religion or demands the creation of a non-existing space within the religious norms and its teachings is in fact seeking to amend the religious norms. There cannot be an imposition of a radical non-religious worldview in established, inseparable and core principles of religions,” the application said.
The Jamiat further contended that it should be up to the legislature to amend existing definitions of legally permissible marriages.
“Any deviation or dilution of such definitions is a matter of legislative policy based on social realities, acceptance and on extensive socio-legal research,” it was submitted.