Daily Current Affairs : 11-January-2025
Recently, a five-judge Bench of the Supreme Court of India rejected petitions seeking to legalize same-sex marriage in India. This decision upheld the 2023 ruling, which emphasized that such a change should be decided by Parliament rather than the judiciary.
Background of the Case
In October 2023, the Supreme Court of India acknowledged the discrimination faced by same-sex couples but concluded that legalizing same-sex marriage should be the responsibility of Parliament. The Court recognized that the matter is complex and better suited for debate and legislation by elected representatives.
What is Same-Sex Marriage?
Same-sex marriage refers to the union of two individuals of the same gender, either two men or two women. While many countries around the world have legalized same-sex marriage, India has not recognized such unions under law.
Currently, same-sex couples in India do not have the option to register their marriages or enter civil unions. However, in 2022, the Supreme Court recognized the rights of same-sex couples in live-in relationships under Article 21 (right to life), granting them some rights and benefits.
Special Marriage Act and the Court’s Decision
The Special Marriage Act (SMA) of 1954 provides a legal framework for couples who wish to marry outside their personal religious laws. However, in 2023, the Supreme Court ruled that the SMA cannot be amended to include same-sex marriages. The Court also stated that there is no fundamental right to marry, and same-sex couples cannot form civil unions or adopt children.
Arguments in Favor of Same-Sex Marriage
- Equality and Non-Discrimination: Advocates argue that denying same-sex marriage violates the constitutional principles of equality. Legalizing same-sex marriage would affirm the rights and dignity of LGBTQIA+ individuals.
- Legal and Social Benefits: Marriage offers many legal advantages like inheritance, tax benefits, and social security. Recognizing same-sex marriages would ensure LGBTQIA+ couples have equal access to these benefits.
- Improved Mental Health: Legal recognition of same-sex marriage could reduce stigma, improving the mental well-being of LGBTQIA+ individuals and fostering greater social acceptance.
- International Precedents: Many countries have already legalized same-sex marriage. India, as a progressive nation, could align with global trends toward equality by recognizing same-sex unions.
Arguments Against Same-Sex Marriage
- Cultural and Religious Beliefs: Opponents of same-sex marriage argue that it goes against traditional Indian cultural and religious values, where marriage is typically defined as a union between a man and a woman.
- Legislative Domain: The Supreme Court ruled that the issue of legalizing same-sex marriage falls within Parliament’s jurisdiction, not the judiciary’s. Any changes to the law must come through the legislative process.
- Social Readiness: Some believe that Indian society is not yet ready for same-sex marriages. They worry that such a change could lead to social unrest and backlash from conservative sections of the population.
- Alternative Legal Recognition: Instead of full marriage recognition, some suggest civil unions or domestic partnerships as a way to grant same-sex couples legal rights without altering the traditional concept of marriage.
Important Points:
- Supreme Court’s Decision: A five-judge Bench of the Supreme Court of India rejected petitions seeking the legalization of same-sex marriage, emphasizing that such a decision should be made by Parliament, not the judiciary.
- Background of the Case: In October 2023, the Court acknowledged discrimination against same-sex couples but maintained that the issue requires legislative action, not judicial intervention.
- Same-Sex Marriage Definition: Same-sex marriage refers to the union of two individuals of the same gender, either two men or two women. India does not legally recognize same-sex marriage or civil unions.
- Special Marriage Act (SMA): The SMA of 1954 allows for civil marriages outside personal laws but does not apply to same-sex couples, as ruled by the Supreme Court in 2023.
- Arguments in Favor of Same-Sex Marriage:
- Equality and Non-Discrimination: Denying same-sex marriage violates constitutional principles of equality.
- Legal and Social Benefits: Marriage offers benefits like inheritance, tax advantages, and social security, which same-sex couples currently lack.
- Improving Mental Health: Legal recognition can reduce stigma and promote social acceptance, benefiting mental well-being.
- International Precedents: Many countries have legalized same-sex marriage, setting a global standard for equality.
- Arguments Against Same-Sex Marriage:
- Cultural and Religious Beliefs: Opponents argue that same-sex marriage contradicts traditional Indian values and religious beliefs.
- Legislative Domain: The Supreme Court ruled that Parliament should decide on the issue, not the judiciary.
- Social Readiness: Concerns about social unrest and resistance from conservative sections of society.
- Alternative Legal Recognition: Suggestion for civil unions or domestic partnerships to provide legal recognition without altering the traditional definition of marriage.
Why In News
Recently, a five-judge Bench of the Supreme Court rejected petitions seeking a review of a judgment that had declined to legalize same-sex marriage in India, reinforcing its stance that such a decision should be made by Parliament rather than the judiciary. This decision has sparked ongoing debates about the rights of LGBTQIA+ individuals in the country.
MCQs about India’s Legal Debate on Same-Sex Marriage
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What was the Supreme Court’s decision regarding same-sex marriage in India in 2023?
A. It legalized same-sex marriage.
B. It rejected the petitions seeking a review of the previous judgment.
C. It referred the matter to a smaller bench.
D. It allowed civil unions for same-sex couples.
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What does the Special Marriage Act (SMA) of 1954 provide in India?
A. It allows same-sex couples to marry.
B. It allows civil marriage for couples who cannot marry under personal law.
C. It allows same-sex couples to form civil unions.
D. It recognizes same-sex marriages only for foreigners.
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What is one of the key arguments in favor of legalizing same-sex marriage in India?
A. It would align India with traditional cultural values.
B. It would deny LGBTQIA+ individuals equal rights.
C. It would provide legal and social benefits such as inheritance and tax advantages.
D. It would lead to social unrest and backlash.
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What did the Supreme Court of India say about the legalization of same-sex marriage?
A. It is a fundamental right guaranteed by the Constitution.
B. It should be decided by the judiciary, not Parliament.
C. It falls within the legislative domain, meaning Parliament should decide.
D. It can be legalized through judicial review.
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