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Equal Protection and Same Sex Marriages - Coggle Diagram

- - - - no provision/section in IPC
      - protect
        
        from sexual assault
        
        by male/female or another transgender
    - - marriage btw LGBTQ persons
      - fundamental rights
        
        liberty
        
        equality
        
        life and freedom of expression
        
        guranteed
        
        by SC (Abolition of 377)
- - - - and criminal laws
      - do not mention offences
      - against
        
        transgender
    - - section 35A IPC
        
        (outraging the modesty of woman)
      - interpreted
        
        to exclude victims of
        
        sexual harassment
        
        who are transgender persons
- - - - Marriage
        
        under Indian law is customary
        
        not statutory
      - sexual orientation
        
        could not be grounds
        
        for discrimination
      - debate
        
        over same-sex marriages
        
        more of morality than on law
      - people
        
        try to establish
        
        line of distinction
        
        btw societal norms and
        
        individual liberty
        
        especially
        
        in culture
        
        where religion enjoys
        
        more prominence
      - Human Rights Charter
        
        Article 16 recognises
        
        right to marry
        
        as a universal right
        
        seek to extend
        
        homosexual couples
- - - - ready for same sex marriages
      - but strong need
        
        to make people and
        
        society leave
        
        rudimentary shackles
        
        so called
        
        values and culture
        
        acclimate
        
        change flowing in nature