{"id":243315,"date":"2023-05-20T20:32:44","date_gmt":"2023-05-20T15:02:44","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=243315"},"modified":"2023-05-20T20:32:44","modified_gmt":"2023-05-20T15:02:44","slug":"legal-recognition-for-same-sex-marriage-is-a-natural-consequence-of-the-right-to-privacy","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/legal-recognition-for-same-sex-marriage-is-a-natural-consequence-of-the-right-to-privacy\/","title":{"rendered":"Legal recognition for same-sex marriage is a natural consequence of the right to privacy"},"content":{"rendered":"\n

Source<\/strong>: The post is based on the article\u00a0\u201cIt\u2019s Your Job, Milords \u2013 Legal recognition for same-sex marriage is a natural consequence of the right to privacy. So, Supreme Court not legislature is the correct forum to grant this right<\/strong>\u201d published in The Times of India <\/strong>on\u00a020th<\/sup> May 2023<\/strong>.<\/p>\n

Syllabus: GS 2 \u2013 Mechanisms, Laws, Institutions & Bodies Constituted for Protection & Betterment of Vulnerable Sections<\/strong><\/p>\n

News<\/strong>: The article discusses the issues concerning same sex marriages.<\/p>\n

What has been the stand of the Supreme Court on same sex marriages?<\/strong><\/h2>\n

There are two important judgments of the SC in this regard – 1)<\/strong> Navtej Singh Johar (2018)<\/strong><\/a>, which struck down Section 377 IPC and 2)<\/strong> KS Puttaswamy (2017)<\/strong><\/a>, which recognized the right to privacy as being a fundamental right.<\/p>\n

Hence, legal recognition of same-sex unions\/marriages comes as a continuation of these judgements. Whereas, denying it is a direct infringement of their right to privacy.<\/p>\n

However, SC has reserved its judgment on legal recognition of same sex marriage.<\/p>\n

What are other concerns related with the recognition of same-sex marriages?<\/strong><\/h2>\n

An important question arises whether the Parliament can intervene into the recognition of same-sex marriages even if the court has recognized it.<\/p>\n

If the answer is yes, then legislature can by law reverse the judicial recognition<\/strong> of the right to same-sex relationships.<\/p>\n

However, if it is accepted that the legal recognition of same-sex marriages is only a natural consequence of their right to privacy,<\/strong> then the state would not be competent to make a policy decision in this area.<\/p>\n

Moreover, if the fundamental right to embrace one’s sexual orientation is considered a part of the fundamental right to privacy, then leaving the decision to recognize same-sex marriage on to the government would not serve the purpose.<\/p>\n

This is because the government does not support this idea and it prioritizes social morality over constitutional morality.<\/p>\n

What are the Constitutional provisions that support same-sex marriage?<\/strong><\/h2>\n

The Constitution ensures every citizen the right to equality with the right against discrimination on any ground including sex and sexual orientation.<\/strong><\/p>\n

Therefore, as per the Constitution, the state cannot deny its citizens the right to legal recognition of marriages on the only ground of varied sexual orientation.<\/p>\n

Must Read: <\/strong>Legalising Same-sex marriages in India and associated challenges\u00a0– Explained<\/strong><\/a><\/p>\n

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

The legal recognition of same-sex marriages will not only guarantee<\/strong> the couple rights for adoption, surrogacy, procreation but will also ensure dignity to their children.<\/p>\n

Further, the institution of marriage is equally important to individuals regardless of their gender identities.<\/p>\n

Moreover, Justice DY Chandrachud also said that the<\/strong> Supreme Court must not risk losing its role as a leading institution in upholding constitutional values. Else, the erosion of its authority would pose a significant threat to democracy.<\/p>\n

Therefore, until the Parliament makes the law and recognizes the same-sex marriage, it is better to have expectations from the SC for its recognition.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the article\u00a0\u201cIt\u2019s Your Job, Milords \u2013 Legal recognition for same-sex marriage is a natural consequence of the right to privacy. So, Supreme Court not legislature is the correct forum to grant this right\u201d published in The Times of India on\u00a020th May 2023. Syllabus: GS 2 \u2013 Mechanisms, Laws, Institutions… Continue reading Legal recognition for same-sex marriage is a natural consequence of the right to privacy<\/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":[9],"tags":[212,10496],"class_list":["post-243315","post","type-post","status-publish","format-standard","hentry","category-public","tag-gs-paper-2","tag-times-of-india","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/243315","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=243315"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/243315\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=243315"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=243315"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=243315"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}