Same-sex marriages will cause havoc?

(The Hindu)

Context:

  • The Union Govt. disputed any changes to the existing laws on marriage to recognize same-sex marriages. 
  • It claimed such tampering would create complete havoc and chaos in the society and create an imbalance in the personal laws in the country.

Govt. Stand:

  • Living together as partners and having a sexual relationship with same-sex individuals is not admissible with the Indian family unit. 
  • Govt said that the 2018 judgment of the Supreme Court decriminalizing homosexual sex was not to legitimize the human conduct in question.
  • The Centre also said that registration of marriage of same-sex persons also violates personal law provisions such as degrees of prohibited relationship, conditions of marriage, ceremonial and ritual requirements under the personal laws governing the concerned citizens.

Counter Argument:

  • Currently, there is no provision legally for two same-sex individuals to get married. 
  • For recognition, one legislation must be passed just like the Hindu Marriage Act, Special Marriage Act, Foreign Marriage Act, etc.
  • Since the SC had already decriminalized homosexuality, there shouldn’t be any constraint for the legal binding of two same-sex individuals who want to marry each other.

Important fact:

  • The Supreme Court in 2018 decriminalized homosexuality by striking off parts of Section 377 of the Indian Penal Code which were observed to be violative of Fundamental Rights.
  • The Apex court made it clear that Article 14 of the Constitution guarantees equality before the law. Also, this provision applies to all classes of citizens and hence restoring the ‘inclusiveness’ of the LGBTQ community.

Daily Current Affairs 26 February 2021.