Same-sex marriage: Faith leaders cite threat to Indian culture and religious freedom; write to CJI, President

Religious leaders claimed that any attempt to give legal sanction to same-sex marriage would cause complete havoc in the existing legal system and social structure.

Vipin Vijayan

First Published Mar 30, 2023, 12:48 AM IST

Multi-faith leaders have strongly opposed same-sex marriage, which is under Supreme Court's consideration, and termed it as "an aggression on the larger concerns of human society". The hearing on legalising same-sex marriage will begin on April 18 before a five-judge constitution bench.

In separate open letters addressed to the Chief Justice of India, Justice Dhananjaya Y Chandrachud, and President Droupadi Murmu, religious leaders claimed that any attempt to give legal sanction to same-sex marriage would cause complete havoc in the existing legal system and social structure.

'Same-sex marriage would cause complete havoc'

Sheikh Abubakr Ahmad, the Grand Mufti of India, said, 'Marital relationship in Islam is only permissible between a man and woman. According to Islam, any other form of marital relationship is against the natural law and impermissible. The current legislative framework in the Indian statutory and personal laws also understands the institution of marriage in the same way.'

Citing Article 25 of the Constitution that guarantees the community the right to practice their religion, Sheikh Abubakr said, 'any attempt to provide legal protection to same-sex relationships under the existing Indian statutory legal definition of marriage is an aggression on the larger concerns of human society. We are concerned that this new attempt from the judiciary will disrupt social structures and civil law and ultimately limit human rights and religious freedom.'

The Grand Mufti said he shared the concerns of the central government in its affidavit submitted to the Supreme Court in the case related to the legalization of same-sex marriage, which noted that any attempt to legalising same-sex marriage would cause complete havoc in the existing legal system and social structure.

'Attack on marriage traditions and cultural values'

Jain priest Acharya Lokesh Muni wrote to the Chief Justice of India, stating that it was inappropriate to give legal sanction to same-sex marriage.

In his letter, Acharya Lokesh said, 'Jain faith firmly believes and abides with individual freedom. However, along with individual freedom comes a citizen's responsibility towards social responsibilities and cultural values. These responsibilities and values have been abided by all over centuries.'

'There is diversity in India. But in Indian culture and in Jainism in particular, marriage is considered as the basis for taking forward a family lineage. Legalising same-sex marriage will be detrimental to tradition-based Indian culture. This will be an attack on the Indian marriage traditions, which have been followed for thousands of years and violate the basic social norms," he wrote while urging the Supreme Court against giving legal validity to same-sex marriage.

'Same-sex marriage is a very complex issue'

Dargah Ajmer Sharif Gaddi Nashin Haji Sayed Salman Chishty, too, wrote to the Chief Justice of India and contended that legalising same-sex marriage would cause complete havoc with the delicate balance of personal laws and accepted societal values.

Expressing strong reservation towards the petitions filed for legalization of same-sex marriages, he wrote, 'Some Indian citizens, who affiliate themselves with the LGBTQ+ movement, may be pleased, but the majority of Indian, members of all religious and faith-based communities in India, felt apprehensive because of the lifestyle advocacy and the demand for changes in policy which would contradict Indian religious, social and moral values of our nation as it would cause complete havoc with the delicate balance of personal laws and accepted societal values.'

Chisty further said that a subject like same-sex marriage is a very complex and sensitive issue that needs careful deliberation and understanding before opinions are made part of national policies.

"As Indian Muslims, serving human fraternity, seekers and devotees visiting Ajmer Dargah Sharif for the last 800 years, we most humbly intend to submit our views from a spiritual perspective, which are indeed very much in sync with traditional Indian ethos and moral values that place much emphasis on the topic of marriage and family," he said.

'We cannot accept this'

The Communion of Churches in India, too, expressed its reservation on the matter. In a letter to President Droupadi Murmu, Communion of Churches in India Executive Secretary Dr Prakash P Thomas said that the Christian community cannot accept the union of two homosexuals as marriage.

"In Christian belief, marriage is a divine institution made by God. We cannot accept the union of two homosexuals as marriage. Therefore we request your kind attention to ensure the existing status quo of marriage," he wrote.

Last Updated Mar 30, 2023, 12:48 AM IST