Note4Students
From UPSC perspective, the following things are important :
Prelims level: Special Marriage Act
Mains level: Read the attached story
Central Idea
- The Supreme Court of India has declined to approve same-sex marriages in a blow to LGBTQ rights.
- CJI said that it was outside the court’s remit to decide the issue and that parliament should write the laws governing marriage.
Same-Sex Marriage Demand
- Petitioners are urging for the reinterpretation of the Special Marriage Act (SMA), 1954, by replacing “man and woman” with “spouses” to accommodate LGBTQIA+ couples.
- Such right to marry not only symbolizes equality but also grants access to numerous legal benefits, including insurance, adoption, and inheritance.
Petitioners’ Demands
Arguments | Summary |
Constitutional Basis | Asserted that the right to marry for non-heterosexual couples is implicit in various constitutional articles, including Articles 14, 15, 16, 19, and 21. |
Previous Landmark Judgments | Referenced key Supreme Court judgments such as ‘Navtej Singh Johar vs. Union of India’ (2018) and ‘KS Puttaswamy vs. Union of India’ (2017) to support their case. |
Benefits and Rights | Emphasized the importance of equal access to marriage-related benefits and rights, such as pensions and provident funds. |
Minimum Marriageable Age | Suggested different minimum marriageable ages for lesbian, gay, and transgender couples based on gender identity. |
Recognition of Fundamental Rights | Cited the Transgender Persons Protection Act, 2019, as a precedent recognizing the right to marry for all queer identities. |
Respondent’s Arguments
Arguments | Summary |
Maintainability and Jurisdiction | Questioned the court’s jurisdiction to hear the case and raised concerns about the maintainability of the petitions. |
Impact on Existing Laws | Argued that introducing marriage equality would impact 160 existing laws, making it the prerogative of Parliament to enact such changes. |
SMA Character and Intent | Emphasized that the Special Marriage Act (SMA) was intentionally designed for heterosexual marriages, and changing its character and intent would require legislative action. |
Legitimate State Interest | Contended that the State has a legitimate interest in regulating marriages, addressing aspects such as age of consent, bigamy, and prohibited degrees of marriage. |
Welfare of Children | Advocated for prioritizing the welfare of children born to heterosexual parents, leading to differential treatment of heterosexual and homosexual couples. |
Public Perception | Expressed concerns about societal acceptance and potential collateral damage to various legal provisions if same-sex marriage were declared a fundamental right. |
States Responses
- Rajasthan, Assam, and Andhra Pradesh opposed the plea for legal recognition of same-sex marriages.
- Sikkim, Maharashtra, Uttar Pradesh, and Manipur sought more time to respond.
- Also, many fundamentalist religious organizations are opposed to such marriages.
Conclusion
- It must be noted that only Taiwan and Nepal allow same-sex unions in Asia, where largely conservative values still dominate politics and society.
- The Supreme Court’s verdict on marriage equality in India is poised to shape the country’s LGBTQIA+ rights landscape profoundly.
Also read:
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024