New Delhi: Central government opposes giving legal recognition to same-sex marriage.

The central government in a filing to the Supreme Court on Sunday stuck to its earlier stand that same-sex marriage is not compatible with the concept of an "Indian family unit", which it said consists of "a husband, a wife, and children which necessarily presuppose a biological man as a 'husband', a biological woman as a 'wife' and the children born out of the union between the two - who are reared by the biological man as a father and the biological woman as a mother".

The government is putting forward the position that it is not ready for legislation related to same-sex marriage. Same-sex marriage cannot be registered in India under the Special Marriage Act of 1954. Same-sex marriages do not enjoy the same constitutional protections that marriages of different castes and religions enjoy.

In the affidavit submitted by the Central government to the Supreme Court, it has been clarified that same-sex marriage does not include the constitutional right to marry the person of one's choice and same-sex marriage cannot be considered a fundamental right of a citizen.

Same-sex marriage is incompatible with the concept of husband and wife. The Center had already expressed a similar stand. The Center had taken a similar stand in a batch of petitions before the Delhi High Court. The Supreme Court is hearing a petition in this regard next week. It is learned that the Center has expressed a similar stand in that petition.

India's government also stated that this is not legally possible as IPC 377 which criminalizes homosexuality has been repealed.

At least 15 pleas, some by gay couples, have been filed in recent months asking the court to recognize same-sex marriages, setting the stage for this legal face-off.