By Nava J Thakuria
Vishwa Hindu Parishad (VHP) expresses its dismay over the hastiness shown by the Supreme Court of India on debates in recognizing the right to marriage among same sex persons, transgenders, queers, etc.
The VHP’s legal cell during its two-day national convention at Ayodhya argued that instead of catering to the pending backlog of cases and undertaking crucial reforms to ensure access to justice and resolving issues affecting the credibility of judiciary and critical judicial time, the precious space is being used for fanciful issues.
A resolution unanimously passed in the convention stated 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, and the problem of population control are affecting the entire country, there is no urgency shown nor judicial activism seen on the part of the SC, added the resolution.
Another resolution asserted that the marriage in India is not merely a union of two individuals but of two families. The term marriage as defined in various scripts and writing and also enactments, across religions, refer to marriage of two persons of opposite sex only, said the resolution adding that the 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.
“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,” stated the resolution.
Arguing that marriages in India is celebrated like festivals from time immemorial and for centuries different religions, castes, sub-castes in the country have been recognising the marriage amongst biological male and female only, another resolution asserted that the debated Special Marriage Act, 1954 applies only to biological male & females and hence any attempt to strike down any provision of the act would clearly amount to rewriting it and thus taking over the power to legislate from the Parliament.
“The marriage in India has a civilizational importance and any attempt at weakening a great and time-tested institution should be opposed vociferously by the 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,” pointed out the resolution.
