Supreme Court is hearing the petition on marriage equality/ same-sex marriages. In the latest development, now Centre has asked states to offer views on same-sex marriages within 10 days amid a Supreme Court hearing on requests to validate it.
States Views On Same-Sex Marriage
Supreme Court has been hearing the 18 petitions on legalising same-sex marriage that talks of marriage equality. The LGBTQ couples and activists made the arguments for the rights of LGBTQ people to be married and have equality under the law. The case has been heard by a bench led by five-judge including Chief Justice Of India (CJI) Chandrachud.
A day before the hearing on 17 April, the Centre opposed legalisation of same-sex marriage for the second time on the grounds that it will disturb the institution of marriage. In yesterday's hearing, a senior advocate made arguments and addressed that marriage is not a matter of dignity but day to day business of life and the rights that LGBTQ people are being denied.
Further, another senior advocate AM Singhvi emphasised that marriage is not about gender but about two persons in it. LGBTQ being a spectrum of different orientations, it is not limited to the same sex. So it is more of two consenting adults along the bodily gender & sex spectrum. However, the Centre reportedly is not considering marriage being about rights. Earlier, Centre also pointed out that live-in relationships are constitutional in the country then why marriage is needed? Also, called it “urban elitist concept”.
The Centre finds legalisation of such marriages a threat to religious and social values and argued that such a decision must be made by Parliament not the courts. In the affidavit to the supreme court, it stated-
“A valid marriage is only between a biological male and a biological woman,” said the government’s submission, stating that any equality offered to same-sex couples went against religious values and seriously affects the interests of every citizen."
CJI Chandrachud is of opinion that the idea of gender is more complex and cannot be just subjected or speculated limited to genitals. There is no absolute concept of men and women. The hearing is still on-going, Whether same-sex marriage legalises or not, whether the country will have marriage equality or not time will decide.
Suggested Reading: Looking At Petitions For Same-Sex Marriage That Have Been Filed At Supreme Court
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