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Polity & Governance
Mahesh

18/10/23 05:40 AM IST

Same-Sex Marriage Verdict

In News
  • A five-judge bench of the Supreme Court that was headed by Chief Justice of India DY Chandrachud, unanimously ruled against legalising same sex marriage in India.
About the verdict
  • All five judges agree there is no fundamental right to marry and in a majority verdict, the court has ruled against same-sex marriage.
  • The majority view is that the legislature must decide on bringing in same-sex marriage. Justice Hima Kohli says she agrees with the view of Justice Ravindra Bhat, as does Justice Narasimha.
  • The CJI and Justice Kaul had spoken in favour of introducing civil unions for non-heterosexual couples.
  • The CJI in his opinion said that it is discriminatory to assume that only married, heterosexual couples can provide a safe space for raising children.
  • CJI directs the Centre to:
  • Ensure queer community is not discriminated against.
  • Ensure there is no discrimination in access to goods and services.
  • Sensitise the public about queer rights.
  • Create a hotline for the queer community.
  • Create safe houses or Garima grih for queer couples.
  • Ensure inter-sex children are not forced to undergo operations.
  • No person shall be forced to undergo any hormonal therapy
Timeline
  • 2001: the Naz Foundation filed a public interest litigation (PIL) in the Delhi High Court challenging the constitutionality of Section 377.
  • 2009: Delhi High Court declared Indian Penal Code Section 377 unconstitutional and decriminalized homosexuality.
  • This decision of the High Court was overturned by the Supreme Court of India in 2013, which reinstated Section 377.
  • 2018: Supreme Court’s constitutional bench, in Navtej Singh Johar v. Union of India judgment, overturned the previous decision and decriminalized homosexuality once again.
  • 2023: Supreme Court ruled in a 3:2 verdict against legalizing same-sex marriage in India
Global scenario
  • The Netherlands became the first country to give Same-sex couples the legal right of marriage and adoption.
  • Taiwan became the first Asian country to legalize same-sex marriages after the country’s Constitutional Court found a law recognizing marriage as between a man and a woman to be unconstitutional.
  • Estonia’s parliament approved same-sex marriage in June 2023, making it the first ex-Soviet and first Baltic country to do so.
Source- The Hindu

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