In March 2023, the Government of India submitted an affidavit in response to a Supreme Court decision to examine petitions on same-sex marriage, stating that any change in human relationships should come from the legislature, not the court. This stance is in response to the ongoing debate about same-sex marriages in India, which has been a contentious topic for a long time.
Understanding Same-sex Marriage
Same-sex marriage refers to a marriage between two individuals of the same sex. In most countries, same-sex marriages are constrained by legal, religious, and cultural norms. As of 2023, only 34 nations, including Andorra, have legalised same-sex marriage, encompassing around 1.35 billion people (17% of the world’s population).
Petitioners’ Point of View
The petitioners argue that the non-recognition of same-sex marriage amounts to discrimination that damages the worth and fulfilment of LBTQ+ couples. They urge that same-sex couples receive the same protection under the Special Marriage Act of 1954 as intercaste and interreligious couples who wish to get married receive.
Government’s Stand on Same-sex Marriages
- The Indian government believes that marriage between a biological man and a biological woman is a “sacred union, a sacrament, and a sanskar” in India.
- According to the government, the court’s 2018 decision in the Navtej Singh Johar case only decriminalized same-sex sexual activity and did not legalize it.
- The court had never recognized same-sex marriage as a component of the fundamental right to life and dignity under Article 21 of the Constitution, despite decriminalizing homosexuality.
- Marriages between people of the same sex that are registered would be in breach of existing provisions of both personal and statutory law.
About the Special Marriage Act (SMA)
The Special Marriage Act of 1954 was passed in India to formally recognise and record interfaith and intercaste unions. It makes it possible for two people to make a legal agreement to legally wed one another. The Act does not mandate the observance of religious rites. This Act regulates marriages between Hindus, Christians, Muslims, Sikhs, Jains, and Buddhists. This Act applies to Indian nationals living abroad as well as Indian residents of various castes and religions.
MCQs on Same-sex Marriage in India
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What is the government of India’s view on same-sex marriage?
A. Marriage between a biological man and a biological woman is a sacred union, a sacrament, and a sanskar in India.
B. Same-sex marriage should be recognized under the Special Marriage Act of 1954.
C. Same-sex marriage is a fundamental right under Article 21 of the Constitution.
D. Same-sex couples can legally register their marriage in India.
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What is same-sex marriage?
A. Marriage between a man and a woman
B. Marriage between two men or two women
C. Marriage between two people of opposite gender
D. None of the above
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What is the government of India’s stance on same-sex marriage?
A. It supports legalizing same-sex marriage
B. It believes that same-sex marriage should be left to the courts to decide
C. It believes that marriage should only be between a biological man and a biological woman
D. It has not taken any stance on the issue
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Which act in India recognises interfaith and intercaste unions?
A. The Special Marriage Act of 1954
B. The Hindu Marriage Act of 1955
C. The Muslim Marriage Act of 1939
D. The Christian Marriage Act of 1872
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