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Introduction
This article explores the topic of same-sex marriages, with a focus on the Indian context. It presents an overview of key terms such as Section 377 of the Indian Penal Code (IPC), homosexuality, LGBTQ community, Supreme Court, and High Court. The article analyses the impact of the Supreme Court’s judgment on petitions to legalise same sex marriage on the Indian society and its progress.
Recent Developments
Recently, the Supreme Court rejected petitions to legalise same-sex marriage in India. The court closely examined the Special Marriage Act, 1954, placing much focus on its relationship with homosexuality.
Supreme Court’s Observation
The verdict ruled constitutionally against same-sex marriages, led by a five-judge Constitution Bench headed by the Chief Justice of India. The verdict concluded that the power to alter the Special Marriage Act, 1954 lies with the Parliament and state Legislature, not the court.
The Legality of Same-Sex Marriages in India
In India, the right to marry isn’t blatantly recognized as either a fundamental or constitutional right under the Indian Constitution. Marriage as an institution is regulated statutorily, but its recognition as a fundamental right has only developed through Supreme Court judgments.
Earlier Views of Supreme Court on Same-Sex Marriages
The Supreme Court, referring to several landmark cases and Articles in the Indian Constitution, established that the right to marry a person of one’s choice is integral to Article 21. The LGBT community was also entitled to all Constitutional Rights, including liberties protected by the Constitution and equal protection by law.
The Special Marriage Act (SMA) 1954
Marriages in India can be registered under specific personal laws or under the SMA 1954. The SMA 1954 is a secular Act, designed to allow people from two different religious backgrounds to marry. It provides provisions for civil marriage and liberates individuals from traditional marriage requirements.
Pro-Same Sex Marriage Arguments
Supporters of same-sex marriage argue that all individuals, regardless of sexual orientation, should have the right to marry and form a family. They highlight the concept of equal rights and protections as well as the social and economic benefits marriage can bring to same-sex couples.
Arguments Against Same Sex Marriage
Opponents of same-sex marriage often cite religious and cultural beliefs, the procreation argument, legal issues, and concerns over same-sex couple adopting children as reasons to maintain the traditional definition of marriage.
Possible Way Forward
The path towards acceptance and possible legality of same-sex marriage in India involves a multi-pronged approach. This includes raising awareness, legal reform, encouraging dialogues and engagement from all stakeholders. Legal challenges in court could also pave the way for legalization.
UPSC Civil Services Examination Context
These topics have been a subject of discussion in the Union Public Service Commission (UPSC) Civil Services examination, where candidates are asked questions related to the right to marry in the Indian constitution and interpretation of Fundamental Rights in light of Supreme Court judgments.
