The Central government has told Delhi HC that there is no fundamental right of same-sex marriage in spite of decriminalisation of homosexuality under Section 377 of IPC. The fundamental right under Article 21 is subject to the procedure established by law and the same cannot be expanded to the extend to include the fundamental right for a same-sex marriage.
The central government was of the view that marriage of same sex persons would violate the existing personal as well as codified law. It was further told that the legal recognition of marriage is essentially a question to be decided by the legislature and can never be a subject matter of judicial adjudication. Therefore the Centre claimed seeking dismissal of the petition.