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Synopsis

A group of former judges of high courts in an open letter on Friday said that legalizing same-sex marriage in India will strike at the very root of the family system and will have a devastating impact on society at large.

The letter stated that the issue is being considered by the Supreme Court and has gained momentum in the recent past in the country consequent to it being referred to a Constitutional Bench.

“We are a group of Former Judges, the conscientious and concerned citizens of India, having been exasperated and agonized over the continuous onslaught against the basic tenets of Bhartiya (Indian) marriage traditions and family system by vested interest groups, write to you to draw your attention towards one such issue-legalization of same-sex marriage”, the letter read.

It stated that 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 Bhartiya society and culture to weaken the family system. The letter also stated that marriage as well as the family system in India is sui generis.

Former judges have said, "unfortunately, certain versed interest groups having no knowledge and regard for the civilizational importance of marriage have approached the court praying for legalizing same-sex marriage. Any attempt at weakening a great and time-testing institution should be opposed vociferously by society".

“Indian cultural civilization has been constantly being attacked for centuries but survived against all odds. Now independent India is facing attacks on its cultural roots for the superimposition of western thoughts, philosophies, and practices which are not viable for this nation at all”, the letter said.

Calling the issue of legalisation of same-sex marriage, “a cancerous problem”, the former judges said that the West is importing the problem into Bharat by “vested interest groups” through the “misuse of Judiciary” as an institution in the name of the right to choice.

“While perusing the discourse on the issue of same-sex marriage, it is pertinent to take lessons from nations across the globe, specifically, the American experience where per its own official figures published by the Centres for Disease Control and Prevention in the HIV Surveillance Report, for 2019 and 2020, it has been reported that 70 percent of new HIV-AIDS incidence in the country was amongst the gay and bisexual men”, the letter said.

Referring to various studies, the former judges stated that same-sex partners will have "negative consequences" on the children adopted by such couples, including their emotional and psychological development as well as 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”, they added.

The group of former judges said that recognition of same-sex marriage will change the entire gamut of all personal laws from marriage to adoption and succession, and in the long run, will affect the “gene pool” and will also weaken the entire human race, especially in terms of collective herd immunity and progressive evolution.

Through the letter, the former judges have urged that being conscious members of the society including those who are pursuing the issue of same-sex marriage in the Supreme Court should refrain from doing so in the best interest of Indian Society and culture.