'Death knell to already crumbling family system,' Rtd HC judges Call judicial intervention on same-sex marriage as unwarranted [Read Statement]

NEW DELHI: Exasperated and agonised over the continuous onslaught against the basic tenets of "Bharatiya" marriage traditions and family system by vested interest groups, a number of retired judges have issued a statement saying such sensitive issue concerning the society at large should be debated in society and the Parliament and State legislatures, instead of being adjudicated upon in the Supreme Court.

Calling the judicial intervention as unfortunate and totally unwarranted, they said the development would have devastating impact on the society and prove to be a death knell to the already crumbling family system.

The top court has recently decided to refer a batch of petitions seek recognition of same sex marriage to a Constitution bench for consideration from April 18. The Union government has opposed such a plea, saying it would not only violate the codified law but would also cause a complete havoc with the delicate balance of personal laws in the country and the accepted societal values.

In their statement, the retired judges said, "Without there being any vociferous demand from any section of society, such a hasty judicial intervention is unfortunate, and totally unwarranted."

"The separation of powers is a part of the basic structure of the Indian Constitution. The exercise of law-making is an exclusive domain of the legislature and not the judiciary, especially in matters exclusively within social and political domain," they said.

They further said the people of the nation, hailing from various strata of society across regional and religious lines, are deeply shocked by this western-tinted outlook that is being superimposed on Bharatiya society and culture to weaken the family system. Several jurists, thinkers, and intellectuals have expressed their serious concerns at its repercussions on the family, which is the basic unit of society, they said.

Maintaining that the marriage as well as the family system in India is sui generis, they said legalising same-sex marriage will strike at the very root of the of the family system and thus will have devastating impact on the society at large.

"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 and devastating impact on the society at large," they said.

In addition to the health consequences amongst the partners, the retired judges pointed out there are studies to state that legalising homosexual marriage will have negative consequences over the children adopted by such couples, including their emotional and psychological development as well as on their nurturing in an environment devoid of balanced parenthood.

"Same-sex marriage undercuts the procreative norm associated with marriage. It caters to
individual emotional health at the cost of larger social health and at the risk of significant population decline. Recognition of same sex marriage will change the entire gamut of all personal laws from marriage to adoption and succession. In the long run, there are serious concerns that the gene pool is also going to be weakened affecting the entire human race especially in terms of collective herd immunity and progressive evolution," their statement said.

The signatories in the 4-page statement are led by former Judge of Delhi High Court- Justice Shiv Narayan Dhingra and also included 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 Courts.

[Read Statement]