Same Sex Marriage: When the Supreme Court heard arguments on Thursday about the legalisation of same-sex marriages, Chief Justice DY Chandrachud questioned whether having two spouses who share a binary gender was necessary for marriage.
Special Marriage Act was created in 1954
On the third day of the hearing by a five-judge bench, which is being live-streamed on the court website and YouTube, Justice Chandrachud stated, ‘We see these [same-sex] relationships not just as physical relations but something more of a stable, emotional relationship.’ He pointed out that since the Special Marriage Act was created in 1954 and offered a type of civil marriage for those who did not wish to abide by their personal laws, the law has changed greatly in the 69 years since then.
The law has changed greatly in the 69 years since then
‘Redefining the changing definition of marriage is necessary in order to legalise same-sex unions. Because is a marriage required to have two spouses who are members of the same binary gender?’ He queried. He pointed out that since the Special Marriage Act was created in 1954 and offered a type of civil marriage for those who did not wish to abide by their personal laws, the law has changed greatly in the 69 years since then.
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The petitions cannot be compared with the appropriate legislature
According to at least 15 recent court appeals, many same-sex couples would be unable to exercise rights related to medical consent, pensions, adoption, and even club memberships without legal recognition. ‘The petitions, which merely reflect urban elitist views, cannot be compared with the appropriate legislature, which reflects the views and voices of a far wider spectrum and expands across the country,’ the administration wrote in a submission to the Supreme Court on Sunday.
Parliament is the proper forum for discussion of the subject
The same-sex marriages are not “comparable with the Indian family unit concept of a husband, a wife, and children,” according to the government of Prime Minister Narendra Modi, which has opposed the appeals, including several by gay couples. The Chief Justice’s illuminating remarks came in the midst of the government’s opposition to the change, which has referred to the appeals as “urban elitist views” and asserted that parliament is the proper forum for discussion of the subject.
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