100% Against Same-Sex Marriage, Marriage Is Union Between Man & Woman : Justice Kurian Joseph

Former Supreme Court judge Justice Kurian Joseph said that he is 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.

When asked whether the Supreme Court has crossed a "lakhsman rekha" by deciding to hear cases seeking legal recognition for same-sex marriage, 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".

Justice Joseph however added that the Supreme Court had the jurisdiction to hear the issue and added that the primary duty of the Court is to examine if the laws are constitutional. However, 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", he said.

Former Supreme Court Justice J Chelameswar, who was also present at the stage, refused to make comments on the issue as the judgment has been reserved in the case. But he said that the question here is regarding the priority.

"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.