Arguments from both sides

WHAT CENTRE SAID Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender

Living together as partners and having sexual relationship by same-sex individuals is not comparable with the Indian family unit concept of a husband, a wife and children which necessarily presuppose a biological man as a

‘husband’, a biological woman as a ‘wife’ and the children born out of the union between the two

PETITIONERS’ RESPONSE

The government’s position is curious given the (Hindu Marriage) Act itself wiped out several recorded Hindu traditions that existed prior to codification. Whoever drafted the response also seems clueless about the 60-odd genders recognised in Hindu historical texts not to mention it has failed to provide any textual basis prohibiting the marriage of these 60-odd genders.

The progeny argument is particularly ridiculous because it implies any marriage shorn of biological offspring is not a marriage