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Same-Sex Marriage in India, Supreme Court declines to Legalize Same-Sex…
Same-Sex Marriage in India
What is it?
In the west, it is considered a civil partnership as a legally registered relationship
It offers same sex couples rights similar to those of married couples of the opposite sex
It is marriage between partners of the same sex and/or gender identity
Judicial basis for
same-sex marriage
Supreme Court scrapped the controversial Section 377
The Court reversed its own decision and said Sectuion 377 is irrational and arbitrary
Navtej Singh Johar & Ors. V. Union of India (2018)
Centre’s earlier
stance
Societal morality clause due to religious masses
Considers biological gender
Role of legislature to ensure binary marriage
Directly opposed under the Special Marriage Act, 1954
Reasons behind
centre’s opposition
Cultural norms and religious decree
Definition of spouse will become complex
Property and other civil rights
Legal revamp required
Issues with
such marriages
Religious sanctions
Patriarchal norms
Radical activism
Promotes individualism
Stigma
Arguments
in favor
Arbitrariness
Discrimination
Right to privacy
Many countries recognizing
Pursuit of happiness
Way forward
Letting the society evolve
Doing away with discrimination
Creating awareness:
Dissociating from religion
Supreme Court declines to Legalize Same-Sex Marriage