The recent statement made by the Chief Justice of India (CJI) regarding same-sex marriage has sparked a debate in India. The CJI clarified that the hearing of a batch of petitions seeking legal recognition of same-sex marriage would be limited to developing a notion of a “civil union” that finds legal recognition under the Special Marriage Act. This essay will explore the concept of civil unions, the arguments for and against same-sex marriage, the government’s opposition, and the way forward for India.
What is a Civil Union?
A civil union refers to a legal status that allows same-sex couples specific rights and responsibilities normally conferred upon married couples. Although a civil union resembles a marriage and brings with it employment, inheritance, property, and parental rights, there are some differences between the two. Civil union laws allow same-sex couples to marry without providing them with formal recognition of the same.
These civil unions would be accompanied by rights such as inheritance rights, employment benefits to spouses, joint parenting or joint ownership rights, and the right to abstain from testifying against one’s partner. Civil union was recognized solely by issuing states and not by federal law.
Arguments Against Same-Sex Marriage
There are several arguments against same-sex marriage. Some believe it’s not a democratic but instead a theological discussion founded on conviction in religion and natural justice. Some people do not consider it normal because same-sex couples cannot replicate babies. The culture is built on the marriage and partnership of men and women, according to some.
Arguments in Favour of Same-Sex Marriage
On the other hand, many people argue in favor of same-sex marriage. Denying marriage to those who require it implies restricting their rights, treating them unjust, and physically and morally disadvantaging them. It is a punitive action that requires a sound reason to not legally allow anyone to marry.
The Government’s Opposition to Same-Sex Marriage
The government has highlighted that denying same-sex couples the right to marry is not violative of Article 14. This is because of the existence of an intelligible differentia between heterosexual couples and same-sex couples and a rational relation with the object sought to be achieved by the law – social stability in marriages. They also claimed that while Navtej Singh case upheld the privacy rights of gay individuals, it did not necessarily include the “public right” to marriage.
he Way Forward for India
The Asia Pacific region has made slow progress, but it is encouraging to see Taiwan and Thailand move towards greater acceptance. According to Pew survey data from 2019, social acceptance of homosexuality has risen over the years, but it is still quite low in India.
As the five-judge bench of the Supreme Court is hearing the matter, one hopes that the Court remembers ex-Chief Justice of India, Dipak Misra’s sagacious words in his concurring opinion in Navtej. Constitutional morality and the fundamental guarantees of life, liberty, privacy, and autonomy should prevail and extend to all persons, irrespective of gender identity and sexual orientation.
Why In News
The Chief Justice of India (CJI) has stated that a batch of petitions seeking legal recognition of same-sex marriage will be heard with a focus on developing a notion of a “civil union” that can receive legal recognition under the Special Marriage Act.
MCQs about Legal Recognition of Same-Sex Marriage
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What is a civil union?
A. A legal status that allows same-sex couples specific rights and responsibilities
B. A type of marriage only available to heterosexual couples
C. A religious ceremony that celebrates the union of two people
D. A type of union that is not recognized by any legal system
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What are some differences between marriage and civil union?
A. Civil union laws do not provide formal recognition of marriage.
B. Civil unions are recognized by federal law.
C. Marriage and civil union provide the same set of rights and responsibilities.
D. Civil unions only apply to heterosexual couples.
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What is the government’s opposition to same-sex marriage?
A. The government claims that denying same-sex couples the right to marry is violative of Article 14.
B. The government argues that same-sex couples do not have the same rights as heterosexual couples.
C. The government highlights that denying same-sex couples the right to marry is not violative of Article 14.
D. The government supports the legal recognition of same-sex marriage.
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