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21 former HC judges write against legalising same-sex marriage

By IBNS
Mar 30, 2023..

New Delhi/UNI: Twenty-one former judges of various state high courts issued a statement over the issue of legalisation of same-sex "marriage", saying that it could have a devastating impact on children, family, and society.


"We respectfully urge the conscious members of the society including those who are pursuing the issue of same-sex marriage in Supreme Court to refrain from doing so in the best interest of Indian society and culture," the 4-page statement, issued by 21 former Judges of various State High Court's, said.

The list of signatories in the 4-page statement, includes: former Judge of Delhi High Court- Justice Shiv Narayan Dhingra as the main lead and also includes former Chief Justice of Rajasthan High Court- Justice S N Jha, former Chief Justice of J&K- Justice M M Kumar, four former Judges each of Allahabad and Madhya Pradesh High Court and from other states.

"Owing to its devastating impact on children, family, and society, mindless attempts to ape the practices of West in India, especially by legalising same-sex marriage, would prove to be a death knell to the already crumbling family system. It could have a devastating impact on the society at large," the statement said.

It further said, instead of having wide-range discussions and deliberations amongst the stakeholders and without there being any vociferous demand from any section of society, such a hasty judicial intervention is unfortunate. It is totally unwarranted.

"It is our concerted opinion that such sensitive issue concerning the society at large be debated In the Parliament and State legislature as well. Even before bringing such kind of law, the opinion of the society must be obtained to ensure that the law must represent the wish of the society. It shouldn't fulfill the desire of few elite sections of the society," the 4-page statement said.

In addition to the health consequences amongst the partners, there are studies that state that legalising homosexual marriage will have negative consequences over the children adopted by such couples, including their emotional and psychological development. Same-sex marriage also undercuts the procreative norm associated with marriage, the statement further said.

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