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Same – Sex Marriage UPSC NOTE

 

  • It is the marriage of two people of the same sex. 

  • They have the same rights and responsibilities as heterosexual couples.

  • Same-sex marriage is legal in over 30 countries around the world, including the United States, Canada, the United Kingdom, and Australia. 

  • In many other countries, it is not yet legal.

Benefits to same-sex marriage, 

  • It provides same-sex couples with the same legal and social recognition as heterosexual couples.

  • It allows same-sex couples to adopt children and raise families together.

  • It gives same-sex couples access to the same financial and health benefits as heterosexual couples.

  • It helps to reduce discrimination against same-sex couples.

  • A heterosexual couple is a couple consisting of two people of opposite sexes or genders.

  • Homosexual couples are couples made up of two people of the same sex.


SC judgement in India

  • A Constitution Bench of the Supreme Court held that only the legislature can recognize or regulate same-sex marriage. 

  • The Bench reasoned that since there was no fundamental or unqualified right to marry, the courts cannot intervene.

  • The Bench failed to reach a consensus on providing even long-abiding relationships between same-sex couples.

  • This was despite all five judges on the Bench unanimously accepting that it was time to end discrimination against same-sex couples.

SC judgement in India

  • CJI D.Y. Chandrachud, with Justice Sanjay Kishan Kaul, declared that queer people had a fundamental right to form relationships.

  • Justices S.R. Bhat and Hima Kohli, and Justice P.S. Narasimha to form the majority judgment, held that “an entitlement to legal recognition of the right to union — akin to marriage or civil union, or conferring legal status upon the parties to the relationship — can be only through enacted law”.

  • The Bench refused to tinker with the Special Marriage Act. 

SC judgement in India

  • CJI Chandrachud said it was within the legislative domain to rid the 1954 Act of its “institutional limitations”. 

  • Justice Bhat found the petitioners’ plea to read various provisions of the Act in a gender-neutral manner for enabling same-sex marriage, “unsustainable”.

  • Previous judgments have established that queer and LGBTQ+ couples have the right to relationship flowing from the right to privacy, right to choice, and autonomy. 

  • This, does not extend to a right to claim entitlement to any legal status for relationship.


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