The Legal Cell of Vishwa Hindu Parishad said India is a country of divergent religions, castes, sub-castes which for centuries together have recognised only marriage amongst biological male and female.
The VHP unanimously passed a resolution against same sex marriage in 2nd national convention of its Legal Cell held at Ayodhya, UP on April 22-23.
The institution of marriage is not only a union of two heterosexuals but also the advancement of the human race.
The term marriage as defined in various scripts and writing and also enactments, across religions, only refer to marriage of two persons of opposite sex.
The society has evolved and grown in India considering marriage as a sacrosanct union of two heterosexuals and not a contract or agreement between the parties as per the popular belief in western countries.
Further in India the marriage is not merely a union of two individuals but also it is a union of two families and the reputation of the families is being tested on the basis of marriages in their respective families.
Marriages in India is celebrated like festivals from time immemorial, which will not be possible in the cases if same sex marriage is allowed.
It is important to note that, the community is seeking to create a right within the Special Marriage Act, 1954 when the said Act applies only to biological male and female and therefore, any attempt to read down/strike down any provision of the Act and to newly define a particular provision under the Act will clearly amount to rewriting the Act, the VHP activist said.
The marriage is a socio-legal institution which can be created, recognized, conferred with legal sanctity and regulated only by the competent legislature in exercise of its power under Article 246 of the Constitution of India.
The recognition of human relations like that of a “marriage” is essentially a legislative function and the courts cannot either create or recognize any institution called “marriage” either by way of a judicial interpretation or striking down / reading down the existing legislative framework for the marriages, the VHP activist.
The marriage in India has a civilizational importance and any attempt at weakening a great and time-tested institution should be opposed vociferously by the society. Indian cultural civilization has constantly been attacked for centuries but survived against all odds.
Now in independent India it is facing attacks on its cultural roots by the superimposition of western thoughts, philosophies and practices which are not viable for this nation, the VHP claimed.
