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Source: The post is based on an article “Our concept of a family should embrace liberty” published in The Live Mint on 2nd September 2022.
Syllabus: GS 1 – Society and its features
Relevance: issues associated with LGBTQI+
News: This article discusses about the problems related to LGBTQI+ and recent SC decision on it.
Recently, the Supreme Court gave a landmark ruling in a case involving dispute over maternity benefits. In this case, a nurse in a government hospital was denied maternity leave because she had taken leaves earlier to care for her husband’s children from a previous marriage.
What was the Supreme Court’s ruling?
The court rejected the argument that her “atypical” family doesn’t qualify for the benefits what others are getting under the Maternity Benefit law. SC held that Familial relationships may take the form of domestic, unmarried partnerships or queer relationships. The court equated all such familial relationships to traditional family relations and ruled that “they are equally deserving not only of protection under the law but also of the benefits available under social welfare legislation”.
SC had already decriminalized same sex relationship in 2018.
What is the significance of the judgment?
The conservatism in society, culture and law do not recognizes other forms or relationship and they tend to follow the same old pattern.
The Centre has strongly opposed a petition seeking registration of same-sex unions under the Hindu Marriage Act of 1955, arguing that “our values” are opposed to it.
Recently passed laws continue to discriminate against queer couples (or even single men), by denying them the right to raise children through adoption or surrogacy.
All these restrictions take away the fundamental rights granted to all by the Constitution.
The lack of marriage recognition makes it hard for same sex partners to take care of loved ones. They also face issues in buying family health insurance cover, opening a joint bank account among others.
