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same sex marriage SAME SEX MARRIAGE : points in favour and in opposition of the same
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Same-sex marriages refer to marriages between two individuals of the same gender. In India, same-sex marriages are not currently legal, although there are ongoing efforts to recognize and legalize them. Legalizing same-sex marriage would not only provide legal recognition and protection for LGBTQ+ couples but also promote greater social acceptance and reduce discrimination against the community. The Indian legal system does not recognize same-sex marriages, and the country’s laws define marriage as a union between a man and a woman. Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in Navtej Singh Johar v. Union of India in 2018, which was a major victory for LGBTQ+ rights in the country. However, the decriminalization of homosexuality did not legalize same-sex marriages. Several legal cases have been filed in Indian courts seeking to legalize same-sex marriage, but as of now, the courts have not yet granted legal recognition to same-sex couples. In 2017, the Delhi High Court declared that same-sex couples are entitled to be in a stable relationship, but stopped short of legalizing same-sex marriage. In 2019, the Transgender Persons (Protection of Rights) Act was passed, which aimed to protect the rights of transgender individuals and provide them with legal recognition. FAVOUR- Denying individuals the right to marry based on their sexual orientation is a violation of their fundamental rights and freedoms. legalizing it would promote equality and inclusivity in society as denial of same-sex marriage perpetuates discrimination against the LGBTQ+ community it is consistent with the principles of secularism and democracy, which India is founded on as the Indian constitution guarantees equality and freedom to all citizens, regardless of their sexual orientation OPPONENTS Marriage is a sacred institution that is defined as a union between a man and a woman. They believe that changing the definition of marriage to include same-sex couples would undermine traditional family values and the institution of marriage. They argue that the primary purpose of marriage is to procreate and raise children, and that same-sex couples cannot fulfil this purpose, thus making their union fundamentally different from that of opposite-sex couples. They argue that children need both a mother and a father to have a well-rounded upbringing and that same-sex couples cannot provide this. legalizing it would lead to a breakdown of social norms as it would pave the way for other forms of unconventional relationships and would ultimately threaten the country’s cultural and religious traditions
In Supriyo v. UOI, 2022, the SC rejected the plea for allowing same sex marriage by making a gender neutral interpretation of the SMA. The court held it cannot strike down the provisions of the Special Marriage Act (SMA) or read words differently. Majority held that there is no FR to marry and left it on the legislature to decide on the same. PERSONAL OPINION SC has on earlier occasions drafted guidelines in areas where there existed a legislative void. Eg. Vishakha Guidelines- So, there could have been a diff approach than leaving it on the govt to form policy in this regard. Should be legalized. We as humans have evolved and so have our relations. Today live relations have been accepted, rights of transgenders have been recognized and therefore, allowing them to marry a partner of their choice should not be hindered. On a legislative aspect, a separate legislation can be formed in this regard to take care of all the rights that subsequently flow from the same like inheritance, adoption etc and the possible lacunas and drawbacks can be addressed well in advance through stringent laws. Countries like Australia, South Africa, US , UK etc have also leglised the same and even our neighbouring country NEPAL has.