Supreme Court Declines to Legalize Same-sex Marriage

Supreme Court Declines to Legalize Same-sex Marriage

Supreme court

Marriage is a ritualised and socially accepted institution that historically unites men and women. It controls a person’s sexual life, allowing them to have children and ensuring the survival of the human race. Marriage creates new social bonds and reciprocal rights between both spouses. The rights and positions of children are established when they are born. Every community identifies specific rules and regulations for establishing these relationships and rights. It is a worldwide phenomenon that has supported human civilisation for generations. Same-sex marriages, commonly known as gay marriages, are marriages of people of the same gender. Even though ongoing initiatives exist to recognize and legalize same-sex marriages in India, authorities have not officially accepted them yet.

This subject is significant since it relates to the rights of LGBTQ+ people as well as the acceptance and defence of their partnerships. LGBTQ+ is an abbreviation for lesbian, gay, bisexual, transgender, and queer (or questioning), plus sign indicates other gender and sexual identities.

Supreme Court Stand Until Today:

Same-sex marriages are not recognised by the Indian judiciary system, which defines marriage as an intimate relationship between a man and a woman. The Supreme Court of India invalidated Section 377 of the Indian Penal Code (IPC), which made homosexuality illegal, in 2018, which was a major accomplishment for LGBTQ+ rights in the nation.

But recently, the Supreme Court gave the Centre Government notice in response to a request from two gay couples seeking to have same-sex marriages recognised under the Special Marriage Act of 1954. Under relevant personal laws, such as the Muslim Marriage Act of 1954, the Hindu Marriage Act of 1955, or the Special Marriage Act of 1954, individuals can register marriages in India.

Unaffected by the religion or belief practised by either partner, the Special Marriage Act, of 1954 is an Act of the Parliament of India that provides for civil marriage for Indian netizens and all Indian nationals abroad.

In India, same-sex marriages are not legally recognised by the Supreme Court. The five-judge Constitution Bench includes Justices Ravindra Bhat, Sanjay Kishan Kaul, Hima Kohli and PS Narasimha was headed by Chief Justice of India DY Chandrachud, jointly concluded that there is no basic right to marriage and delegated responsibility for drafting same-sex marriage laws to Parliament.

Public View According to Survey Findings:

The most recent study on how people view same-sex marriage was conducted by the Pew Research Centre between February 20 and May 22, 2023, in 24 countries throughout the world, and these findings are based on the research.

Given that the majority of adult Indians (53%) support making same-sex marriages legal, the survey results for India may be a boost for same-sex couples and others who support their cause. 28% of those in favour of such a union “strongly favour” it, while 25% “somewhat favour” the idea. However, 43% of Indian adults “completely oppose” such weddings, followed by 31% “strongly oppose” and 12% “somewhat oppose.”

Difficulties Faced by the LGBTQ+ Community in India:
1. Marginalisation:

People who identify as LGBTQ+ may face a variety of types of marginalisation that are harmful to their mental health, including homophobia or transphobia as well as sexism, poverty, discrimination, and other causes.

2. Family Responses and the Effect on LGBTQ+ Children:

Parents rejected and reacted severely, preventing numerous LGBTQ+ children from discussing their thoughts with them.

3. Terminology issues:

Stigmatizing and mocking hinder individuals who identify as LGBTQ+ from achieving their goal of receiving acknowledgement, and it makes them feel excluded from society.

4. Socially Unrecognised:

Gender bias is frequently present in school uniforms, dress code and look, and entry points for travel, such as ticket purchase forms, security checks,

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