The petitions for recognition of gay marriage in the Supreme Court were heard on Thursday for the sixth consecutive day. During this, the court said that social needs like banking, insurance and admission for same-sex couples will also have to be taken care of. The central government should also look into this.
During this, there was a long debate between CJI Chandrachud and Tushar Mehta, who was representing the case on behalf of the Center. The Center said that giving legal status to gay marriage can have dangerous effects on the society.
Solicitor General Mehta, while opposing same-sex marriage, said that it could lead to petitions and arguments to legalize sexual relations between immediate siblings.
On this, Chief Justice Chandrachud said that for the time being it is farfetched as it also comes under morally justified restrictions. Because no court will legalize incest.
Mehta said that there are many states, regions and regions in our country too, where since ancient times, there is a practice of marriage with maternal uncle-niece or maternal uncle’s daughter, that is, marriages take place between cousins and sisters. On this, Solicitor General Mehta said angrily that the government is also saying the same thing.
The bench asked the central government to find a way to provide basic social benefits to same-sex marriages without giving them legal status. For this, the central government has been given time till May 3.
What is the matter?
In fact, petitions were filed in different courts, including the Delhi High Court, demanding recognition of same-sex marriages. In these petitions, a demand was made to issue instructions to recognize same-sex marriage. On December 14 last year, the Supreme Court had sought response from the Center on the demand for transfer of two petitions pending in the Delhi High Court.
Earlier on November 25, the Supreme Court had also issued notices to the Center on the petitions of two different same-sex couples. These couples sought a direction to the authorities to register their marriage under the Special Marriage Act. On January 6 this year, the Supreme Court had merged all these petitions and transferred them to itself.
What is the demand in the petitions?
Earlier, the Supreme Court had decriminalized Section 377 of the IPC. That is, homosexual relations are no longer a crime in India. But right now gay marriage is not allowed in India. In such petitions, challenging several legal provisions related to marriage including Special Marriage Act, Foreign Marriage Act, a demand has been made to allow homosexuals to marry.
Homosexuals demand that the right to marry the person of their choice be given to the LGBTQ (Lesbian, Gay, Bisexual, Transgender and Queer) community as part of their fundamental right. One of the petitions sought to make the Special Marriage Act 1954 gender neutral, so that a person is not discriminated against because of his sexual orientation.
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