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Same Sex Marriage UPSC NOTE

 Same-sex Marriage legality in India

  • The Centre has opposed same-sex marriage in the Supreme Court, stating that marriage between a biological man and woman is a holy union, a sacrament, and a sanskar in India.

  • The government argued that the Court had only decriminalised sexual intercourse between same-sex persons in its 2018 judgement in Navtej Singh Johar v. Union of India, and not legitimised this “conduct”.

  • The court, while decriminalising homosexuality, did not accept same-sex marriage as part of the fundamental right to life and dignity under Article 21 of the Constitution.

Arugments in Favour of Same Sex Marriage

  • All individuals, regardless of their sexual orientation, have the right to marry and form a family.

  • Non-recognition of same-sex marriage amounted to discrimination that struck at the root of the dignity and self-fulfillment of LBTQIA+ couples.

  • Same-sex marriage is legal in many countries around the world, and denying this right to individuals in a democratic society goes against the global principles.

    • In 133 countries homosexuality decriminalised, but only in 32 of them same-sex marriage is legal.

  • Excluding LGBTQ+ persons from marriage excludes them from full benefits of participating in family and community life. It excludes them from acceptance in society.

  • Same-sex attraction is a natural part of human society, not any crime or illness.

  • Marriage benefits a couple in tangible and intangible ways.

  • Tangible benefits include: 

    • The ability to open joint bank accounts, jointly buy or rent a property, jointly own and share financial assets.

  • Tangible benefits include: 

    • Be recognised as a relative under the Indian Income Tax Act, access a spouse’s health and life insurance, and inherit a spouse’s assets if one partner dies.

  • Intangible benefits :

    • Gaining legitimacy, respect and affection from society and being able to participate fully in all family events. 

    • Marriage equality enhances family bonds and encourages unity.

  • Spouse health insurance - these policies have been challenging to implement with insurance companies as same-sex partners are not legally recognised as spouses.

Arugments Against Same Sex Marriage

  • In India, despite statutory recognition of the relationship of marriage between a biological man and a biological woman, marriage necessarily depends upon age-old customs, rituals, practices, cultural ethos and societal values.

  • Registration of marriage of same-sex persons would also result in violation of existing personal as well as codified law provisions - inheritance, tax, and property rights etc.

  • Some people argue that the primary purpose of marriage is procreation, and that same-sex couples cannot have biological children.



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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Same Sex Marriage UPSC NOTE
Same Sex Marriage UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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