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Polity & Governance
Mahesh

16/03/23 08:10 AM IST

Centre opposes recognition of same-sex marriage in SC citing personal laws

In News
  • The Centre has opposed in the Supreme Court a batch of pleas seeking legal validation of same-sex marriage, saying it would cause a complete havoc with the delicate balance of personal laws and in accepted societal values.
Govt. View on Same Sex Marriage
  • The government argued that the Court had only decriminalised sexual intercourse between same-sex persons in its 2018 judgement in Navtej Singh Johar v. Union of India, and not legitimised this “conduct”.
  • The court, while decriminalising homosexuality, did not accept same-sex marriage as part of the fundamental right to life and dignity under Article 21 of the Constitution.
  • The government argues that marriage depends on customs, rituals, practices, cultural ethos, and societal values.
  • Same-sex marriage cannot be compared to a man and woman living as a family with children born out of the union.
Legal Status of Same Sex marriage
  • On September 6, 2018, the SC decriminalised consensual gay sex between adults in the Navtej Singh Johar verdict.
  • It also decriminalised Section 377 of the India Penal Code (IPC) which considered sex with the same gender as a criminal activity.
  • However, it said that this should not be meant as conferring any right including the right to marry.
  • So, homosexual couples currently do not have a right to legally marry in India.
Status around the world
  • Currently, there are 32 countries globally where same-sex marriage is legal.
  • These are Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States of America and Uruguay.
Arguments if Favour
  • All individuals, regardless of their sexual orientation, have the right to marry and form a family.
  • Same-sex couples should have the same legal rights and protections as opposite-sex couples.
  • Non-recognition of same-sex marriage amounted to discrimination that struck at the root of the dignity and self-fulfillment of LBTQIA+ couples.
  • Marriage provides social and economic benefits to couples and their families. Allowing same-sex couples to marry strengthens families and communities by promoting stability and security.
Source- Indian Express

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