Editor's Pick: Social norms or constitutional values?

(The Editor's Pick is a new newsletter from The Hindu that provides a snapshot of the most important stories from today's edition of our newspaper, along with a note from our top editors on why we chose to give prominence to these stories.)

The Solicitor General of India has stated in the Delhi High Court that the Centre is opposed to same-sex marriages in India, as they are not recognised by our "legal system, society, and values." The statement came in opposition to a plea by some members of the LGBT community seeking recognition of same-sex marriages under the Hindu Marriage Act. The plea is based on the 2018 Supreme Court ruling which decriminalised homosexual relations, and the argument that the Hindu Marriage Act does not say a marriage has to be between a man and a woman. The Solicitor General argued that the 2018 verdict only pertained to decriminalisation and did not open up any avenues for same-sex marriages. He argued that allowing same-sex unions will contravene many legal provisions, such as those on domestic violence. However, the court said that people whose same-sex unions were denied legal sanction were free to approach the court.

More importantly, while the Solicitor General brough up "society and values", the Bench said it will have to look at what constitutional values require. The issue of same sex marriages is one that is being debated globally and is at various stages of sanction in many countries. This report shows the Centre looking at the issue through a morality prism while considering legal aspects and the court taking the constitutional view. This report on a globally sensitive issue is what makes this story important.