Marriage in Hinduism is not contract or enjoyment, says RSS on same-sex marriages

New Delhi: The Rashtriya Swayamsevak Sangh said that in the Hindu way of life marriage is 'sanskar' and not enjoyment or contract. Agreeing with the Centre's position, it said the concept of marriage in Hinduism is for social good. RSS General Secretary Dattatreya Hosabale asserted that marriage can take place between two persons of opposite genders.

"Marriages can take place between two opposite genders. In Hindu life marriage is 'Sanskar', it isn't for enjoyment, neither is it a contract. Living together is different, but what is called marriage is a 'sanskar' in Hindu life for thousands of years, which means that two individuals get married and live together not only for themselves, but for the family and for the social good. Marriage is neither for sexual enjoyment nor a contract," he said.

The Centre in its affidavit to Supreme Court opposed legal recognition of same-sex marriage and said that homosexuals living together as partners are not comparable with the Indian family unit. Opposing a plea seeking legal recognition of same-sex marriage, the government said both cases are "clearly distinct" and "cannot be treated identically." Same-sex individuals living together have been decriminalised now.

It further said that it is for the legislature to judge and enforce such societal morality and public acceptance based upon Indian ethos. It added that western decisions sans any basis in Indian constitutional law jurisprudence, cannot be imported in this context.

"There is an intelligible differentia (normative basis) which distinguishes those within the classification (heterosexual couples) from those left out (same-sex couples). This classification has a rational relation with the object sought to be achieved (ensuring social stability via recognition of marriages)," said the government.

The bench headed by Chief Justice of India DY Chandrachud has listed the next hearing on April 18.