Recently, Former Supreme Court judge Justice Kurian Joseph said that he is totally against same-sex marriages.
The relationship between a same-sex couple could be termed a union or an association but can never be equated with marriage, the retired judge said.
Further, Justice Joseph said:
"Marriage has a different purpose altogether. Marriage is basically a union between a man and a woman. The other (same-sex relationship) is an association. Marriage is united forever for the purposes of nature, for recreation and procreation. I'm 100% against same-sex marriages. It can be an association, it can a union, it can be whatever....marriage is not a fundamental right. You can have your own choice, whether living together, or friend or close friend, intimate friend, particular friend....t But the moment you touch concept of marriage, then it is different. It is a basic unit of the society. This is something which affects the roots of the issue".
However, he added, Top Court had the jurisdiction to list the matter and its the primary duty of the Court is to examine if the laws are constitutional.
The same-sex marriage is an issue which is "intimately connected" with religion and culture and hence is to be debated on a policy level.
"That would have been a better way of looking at it. But now since the matter is in the Court, I do not want to comment any further on that",
"There are appeals preferred by convicts who are suffering for years....Cases like same-sex marriages etc are cases that gain prominence and publicity. Under-trials languishing in jails don't and these cases are not being addressed, when they are actually more important for the nation and the common man of the country", he said.
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