Daily Current Affairs : 18-October-2023
In a landmark decision, the Supreme Court of India recently ruled on the issue of same-sex marriage, sparking widespread discussions on its implications for the LGBTQIA+ community. This essay delves into the verdict, exploring the court’s observations, the legality of same-sex marriages in India, arguments in favor of and against such unions, and the context of the Special Marriage Act, 1954.
Supreme Court’s Observation on Same-Sex Marriage
- Verdict and Rationale
- The majority opinion emphasized that constitutional validity for same-sex marriages lies within the purview of Parliament and state legislatures.
- Acknowledged the dynamic nature of marriage, suggesting it can evolve over time.
- Affirmed equal rights for individuals in the queer community to enter into a “union” but clarified the absence of a fundamental right to marry under the Constitution.
- Minority Opinions
- The Chief Justice of India and Justice Kaul advocated for ‘civil unions’ for same-sex couples, providing legal recognition without the status of marriage.
Legality of Same-Sex Marriages in India
- Recognition as a Statutory Right
- Marriage is not explicitly a fundamental right in the Indian Constitution; it’s considered a statutory right.
- Judicial decisions, including Shafin Jahan v. Asokan K.M. (2018) and Navjet Singh Johar v. Union of India (2018), have contributed to recognizing the right to marry as integral to constitutional liberties.
Arguments in Favor of Same-Sex Marriage
- Equal Rights and Legal Equality
- Advocates for equal rights, legal protections, and non-discrimination for LGBTQIA+ couples.
- Highlights that marriage grants social, economic benefits and should extend to same-sex couples.
- Gender Complexity and Global Principles
- Acknowledges gender complexity and rejects the absolute concept of biological gender.
- Emphasizes that same-sex marriage aligns with global principles of equality and human rights.
Arguments Against Same-Sex Marriage
- Religious and Cultural Beliefs
- Many religious groups oppose same-sex marriage based on traditional beliefs.
- Argues that marriage’s primary purpose is procreation, a function same-sex couples cannot fulfill biologically.
- Legal Complications and Societal Stigma
- Concerns exist about legal complexities in areas like inheritance, tax, and property rights.
- Societal stigma and discrimination impact children raised by same-sex couples, affecting their emotional well-being.
Special Marriage Act, 1954: Understanding the Context
- Objectives and Applicability
- The Act provides a special form of marriage for all Indian nationals, irrespective of religion.
- It covers inter-religion marriages and is applicable to the entire territory of India and Indian nationals living abroad.
- Succession Laws
- Property succession for those married under this Act is governed by the Indian Succession Act.
- Hindu, Buddhist, Sikh, or Jain parties to the marriage follow Hindu Succession Act for property succession.
Important Points
- Supreme Court’s Observation on Same-Sex Marriage:
- Majority opinion: Constitutional validity rests with Parliament and state legislatures.
- Acknowledged marriage’s dynamic nature and equal rights for the queer community.
- No fundamental right to marry under the Constitution, but supports ‘union’ rights.
- Minority opinions favored ‘civil unions’ for legal recognition without marriage status.
- Legality of Same-Sex Marriages in India:
- Marriage not explicitly a fundamental right; considered a statutory right.
- Judicial decisions (Shafin Jahan v. Asokan K.M. and Navjet Singh Johar v. Union of India) integral to recognizing marriage rights.
- Arguments in Favor of Same-Sex Marriage:
- Advocacy for equal rights, legal protections, and non-discrimination.
- Marriage provides social, economic benefits; should extend to same-sex couples.
- Acknowledges gender complexity and supports global principles of equality.
- Arguments Against Same-Sex Marriage:
- Opposition based on religious, cultural beliefs; marriage often seen for procreation.
- Concerns about legal complications in inheritance, tax, property rights.
- Societal stigma affects emotional well-being of children raised by same-sex couples.
- Special Marriage Act, 1954: Understanding the Context:
- Provides special form of marriage for all Indian nationals, irrespective of religion.
- Covers inter-religion marriages and applicable to entire India territory, including Indians abroad.
- Property succession governed by Indian Succession Act; different rules for Hindu, Buddhist, Sikh, Jain parties.
Why In News
Recently, the Supreme Court delivered its long-awaited verdict rejecting petitions to legalize same-sex marriage and delved deeper into the provisions of the Special Marriage Act, 1954 to examine the issue thoroughly, exploring their convergence and interrelationship with homosexuality, thus shaping the legal landscape of LGBTQ+ rights in the country.
MCQs about Same-Sex Marriage in India
-
What was the Supreme Court’s stance on same-sex marriage in India?
A. Granted constitutional validity within the existing Special Marriage Act 1954.
B. Affirmed the fundamental right to marry for LGBTQIA+ individuals.
C. Delegated the responsibility of creating laws for same-sex marriages to Parliament and state legislatures.
D. Legalized same-sex marriages across all states in India.
-
Which Act provides a special form of marriage for all Indian nationals regardless of religion or faith?
A) Hindu Marriage Act, 1955
B) Indian Succession Act, 1925
C) Special Marriage Act, 1954
D) Indian Constitution, Article 21
-
What did the Supreme Court emphasize regarding the legal recognition of same-sex couples?
A) Legal recognition should be granted only through marriage status.
B) Legal recognition through ‘civil unions’ similar to marriage but without the marriage status.
C) Legal recognition is not necessary for same-sex couples.
D) Legal recognition should be granted only through religious ceremonies.
-
According to the essay, what was one of the concerns raised against legalizing same-sex marriage?
A) Promotion of societal acceptance and diversity.
B) Creation of legal complications related to inheritance, tax, and property rights.
C) Ensuring equal rights for all individuals.
D) Encouraging global principles of equality.
Boost up your confidence by appearing our Weekly Current Affairs Multiple Choice Questions
