Hindu Editorial Analysis : 18-October-2023
The recent unanimous ruling by the Supreme Court of India against legalizing same-sex marriages has sparked a nationwide debate on the rights of the LGBTQ+ community. This essay explores the various aspects of the issue, shedding light on the legal, social, and global perspectives.
Understanding Same-Sex Marriage
- Definition: Same-sex marriage involves the union of two individuals of the same gender, a practice recognized in many countries worldwide.
- Indian Legal Standpoint: India currently does not recognize registered marriage or civil unions for same-sex couples. However, a Supreme Court judgment in August 2022 granted equal rights and benefits to same-sex couples in live-in relationships.
Apex Court’s Opinion: Delving into the Legalities
- Inclusion in Special Marriage Act (SMA): The recent case focused on a gender-neutral interpretation of the SMA. However, the Chief Justice stated that the Supreme Court cannot alter SMA provisions.
- Non-Inclusion in Article 21: Despite the expanded scope of Article 21, the court has not allowed non-heterosexual marriages, emphasizing statutory limitations.
Dissecting Arguments and Perspectives
- In Favor of Legalization:
- Restricting Rights: Denying marriage to same-sex couples restricts their rights and violates the principles of love, liberty, and equality.
- Global Practice: Over 30 countries, including the United States, Australia, Canada, and France, have legalized same-sex marriages.
- Against Legalization:
- Biological Relation Argument: Some argue that marriages in India should involve biological couples capable of bearing children.
- Judicial Interference: Government fears court interference in personal laws could disrupt societal balance and go against Parliament’s intent.
- Fundamental Rights Limitation: Fundamental rights must be balanced with other constitutional principles, leading to limitations on untrammeled rights.
The Center’s Stance and Global Comparison
- Center’s Position: The Indian government argues that any change in marriage laws should come from the legislature and not judicial interference.
- Global Comparison: Many countries have legalized same-sex marriage, with several recognizing civil unions as a precursor to full marriage rights.
Challenges and the Way Forward
- Lack of Legal Framework: India lacks a legal framework recognizing same-sex unions, leading to uncertainties in areas like adoption and inheritance.
- Social Impact: While the majority might not be directly affected, the social impact of legal recognition on LGBTQ+ individuals cannot be underestimated.
- Need for Legislative Action: To address these challenges, legislative action is imperative. India must learn from the global community’s experiences and create an inclusive legal framework that recognizes same-sex marriages.
Why In News
The Supreme Court of India recently ruled unanimously against legalizing same-sex marriages, with all five judges choosing to leave it to the legislature to enact such a law. While the decision disappointed advocates for marriage equality, it underscores the need for continued advocacy and awareness to promote equal rights for the LGBTQ+ community in the country.
MCQs about Same-Sex Marriage in India
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Which legal document was the focus of the recent case on same-sex marriages in India?
A. Indian Constitution
B. Special Marriage Act (SMA)
C. Hindu Marriage Act
D. Indian Penal Code
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What is the primary argument against legalizing same-sex marriages in India?
A. Violation of societal norms
B. Lack of legal framework
C. Potential economic impact
D. Preservation of cultural heritage
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What is the global trend regarding same-sex marriages?
A. Few countries have legalized same-sex marriages
B. Majority of countries have legalized same-sex marriages
C. Same-sex marriages are only allowed in Europe
D. Same-sex marriages are recognized only in certain U.S. states
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