SC verdict on same sex marriages
WHY IN NEWS ?
A five-judge Supreme Court bench, led by Chief Justice DY Chandrachud, issued a unanimous ruling against legalizing same-sex marriage in India, also rejecting civil unions for non-heterosexual couples in a 3:2 verdict.
Arguments For Same-Sex Marriage:
- Marriage as a Fundamental Right
- Surrogacy and Adoption
- Extend Special Marriage Act
- Cohabitation as a Fundamental Right
- Assimilation of Same-Sex Couples
- Indian Culture and Value System
- Human Dignity
Not possible to tweak the Special Marriage Act (SMA), 1954
- All five judges also unanimously agreed that it is not possible to tweak the Special Marriage Act ,1954 by using gender neutral language to allow same-sex marriage.
- Alternatively, the petitioners had asked for striking down provisions of the SMA that are gender-restrictive.
- CJI said striking down the SMA provisions would jeopardize the legal framework for interfaith and inter-caste couples.
What is Special Marriage Act:
- The Special Marriage Act of 1954 (SMA) provides an alternate route to religious laws for marriage.
- It governs a civil marriage where the state sanctions the marriage rather than the religion.
What are the provisions of Special Marriage Act:
- As per Section 5 of the Act, the parties to the marriage are required to give a notice, in writing, to a “Marriage Officer” of the district in which at least one of the parties has resided for at least 30 days immediately preceding the notice.
- The parties and three witnesses are required to sign a declaration form before the Marriage Officer.
- Once the declaration is accepted, the parties will be given a “Certificate of marriage” which is essentially proof of the marriage
Arguments in Favour of Same Sex Marriages in India
- The right to marry will mean LGBTQIA+ couples can avail the benefits and rights that come with the institution of marriage, such as insurance, adoption, and inheritance.
- Civil unions are not an equal alternative and do not address constitutional anomalies due to exclusion.
- The exclusion sends a message that the latter’s marriages are not as significant as “real” marriages.
SOURCE – INDIAN EXPRESS
