{"id":235896,"date":"2023-04-03T20:34:50","date_gmt":"2023-04-03T15:04:50","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=235896"},"modified":"2023-04-04T14:57:04","modified_gmt":"2023-04-04T09:27:04","slug":"same-sex-marriages-a-matter-for-parliament","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/same-sex-marriages-a-matter-for-parliament\/","title":{"rendered":"Same-sex marriages: A matter for Parliament"},"content":{"rendered":"\n

Source<\/strong>– The post is based on the article \u201cSame-sex marriages: A matter for Parliament\u201d <\/strong>published in \u201cThe Hindu\u201d <\/strong>on 3rd April 2023<\/strong>.<\/p>\n

Syllabus: <\/strong>GS1- Salient features of society<\/p>\n

Relevance<\/strong>– Issues related to same sex marriages<\/p>\n

News<\/strong>– The Supreme Court, in Supriyo v. Union of India, has referred the matter relating to legalisation of same\u00adsex marriages to a Constitution Bench.<\/p>\n

What is the position of the centre on same-sex marriage?<\/strong><\/h2>\n

As per the arguments of center, the same \u00adsex marriage is not<\/strong> recognised by<\/strong> Indian traditions, ethos, culture and the societal conception<\/strong> of the institution of marriage. Marriage is a holy union<\/strong> between a biological male and a biological female to form to conceive Children.<\/strong><\/p>\n

If same\u00adsex marriages should be legalised, Parliament is the right institution to debate and decide<\/strong> and not the Court.<\/p>\n

What are arguments in support of court intervention in the issue?<\/strong><\/h2>\n

It is a duty of the Court to address the violations of fundamental right<\/strong>s, which is arising due to non \u00adrecognition of same\u00adsex marriages.<\/p>\n

The question of same\u00adsex marriages involves conflict between <\/strong>the rights of a society <\/strong>to conserve traditions and the right of an individual<\/strong> to enjoy his constitutional freedoms.<\/p>\n

What are arguments in support of the centre position on this matter?<\/strong><\/p>\n

Marriage is predominantly a social institution. Therefore, it should be the domain of government to legislate. This point stregthens by the following 4 arguments:<\/p>\n

First,<\/strong> the question of same\u00adsex marriage has the potential to change the concept<\/strong> of a fami<\/strong>ly which is the building block of society<\/strong>. Most of the conventional definitions of marriage adhere to the Centre\u2019s conceptualisation of the institution.<\/p>\n

While same\u00adsex marriages are not a threat to this understanding, they demand a nuanced alteration<\/strong> of it.<\/p>\n

Second,<\/strong> the current legislative framework<\/strong> promotes the conventional understanding<\/strong> of marriage. Marriages in India are governed by the Hindu Marriage Act, 1955; the Parsi Marriage and Divorce Act, 1936; the Christian Marriage and Divorce Act, 1957; and Muslim Personal Laws. <\/strong>All marriage laws recognize marriages between a man and a woman. Although the Special Marriage Act (SMA) of 1954, uses gender-neutral language, it cannot be presumed to faour same-sex marriage.<\/p>\n

Third, religious and societal morality<\/strong> still conceptualises intercourse as a procreative activity. <\/strong>Various laws pertaining to marriage requires the consummation of marriage for its validation<\/strong>. Consummation for purposes other than procreation is not considered a moral thing.<\/strong><\/p>\n

In the legal concept of marriage<\/strong>, procreation<\/strong> is a basic requirement. Section 12 of the Hindu Marriage Act<\/strong> provides that where a marriage has not been consummated owing to the impotence of one of the parties, the said marriage is voidable.<\/p>\n

Fourth,<\/strong> center\u2019s concerns regarding alteration of family unit are not as regressive as they looks. It is iin line with the broader social acceptability. For example, Live-in relationships are judicially recognised, but they are not equated to marriage under the law. The social acceptability of such relationships remains debated.<\/p>\n

What is the way forward for same sex marriages in India?<\/strong><\/h2>\n

The issue of legal recognition of same\u00adsex unions requires a broader debate<\/strong> in society and the legislature.<\/p>\n

The rights issues<\/strong> related to same sex marriages are substantial<\/strong> and must be addressed immediately. The push to formalise the institution of same\u00adsex unions must come from representative bodies such as Parliament.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source– The post is based on the article \u201cSame-sex marriages: A matter for Parliament\u201d published in \u201cThe Hindu\u201d on 3rd April 2023. Syllabus: GS1- Salient features of society Relevance– Issues related to same sex marriages News– The Supreme Court, in Supriyo v. Union of India, has referred the matter relating to legalisation of same\u00adsex marriages… Continue reading Same-sex marriages: A matter for Parliament<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[263,10551,10498],"class_list":["post-235896","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-1","tag-same-sex-marriage","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":{"total":101,"cached_at":"","cached_date":1698405379},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/235896","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=235896"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/235896\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=235896"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=235896"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=235896"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}