The Supreme Court, on 17 October, refused to accord legal recognition to same-sex marriage under the Special Marriage Act.
AIMIM chief Asaduddin Owaisi. (Asaduddinowaisi/Facebook)
AIMIM Chief Asaduddin Owaisi, on Tuesday, 17 October, said that the Supreme Court has upheld the principle of Parliamentary supremacy, reacting to the apex court’s refusal to grant legal recognition to same-sex marriages.
“SC has upheld the principle of Parliamentary supremacy. It is not up to the courts to decide who gets married under what law,” the Hyderabad MP said on social media platform X.
He further wrote, “My faith and my conscience say that marriage is only between a man and a woman. This is not a question of decriminalisation, like in the case of 377, it is about the recognition of marriage. It is correct that the state cannot extend it to anyone and everyone.”
#SameSexMarriage
1. SC has upheld the principle of parliamentary supremacy. It is not up to the courts to decide who gets married under what law.
2. My faith and my conscience says that marriage is only between a man and a woman. This is not a question of decriminalisation like…— Asaduddin Owaisi (@asadowaisi) October 17, 2023
On Tuesday, a five-judge Constitution Bench of the Supreme Court unanimously refused to accord legal recognition to same-sex marriage under the Special Marriage Act, ruling that it is within Parliament’s ambit to change the law for validating such union.
The top court, however, recognised equal rights for queer people and their protection, as it called for sensitisation of the general public about the LGBTQIA+ community.
Owaisi further said that he was concerned about “an observation made from the Bench that transgender people can marry under SMA and Personal Laws”.
He said, “This is not a correct interpretation as far as Islam is concerned, as Islam does not recognise marriage between two biological males or two biological females.”
He added, “I agree with Justice Bhat that ‘a gender-neutral interpretation of the Special Marriage Act may not be equitable at times and can result in women being exposed to vulnerabilities in an unintended manner’.”
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