GS Paper 2
Syllabus: Social Justice – vulnerable sections
Source: The Hindu
Context: The Centre has opposed the Supreme Court pleas seeking legal validation of same-sex marriage, saying it would cause complete havoc with the delicate balance of personal laws and accepted societal values.
- According to the government marriage between a biological man and woman is a “holy union, a sacrament and a sanskar” in India.
- Any “deviation” from this “statutorily, religiously and socially” accepted norm in “human relationships” can only happen through the legislature and not the Supreme Court.
What were the petitioners’ demands:
- Sought an interpretation of the Special Marriage Act, 1954 in a gender-neutral manner where a person is not discriminated against due to his sexual orientation.
- The Special Marriage Act of 1954 provides a civil form of marriage for couples who cannot marry under their personal law.
Governments arguments:
- The government argued that the Court had only decriminalised sexual intercourse between same-sex persons in its 2018 judgment in Navtej Singh Johar, and not legitimised this “conduct”.
- The court, while decriminalising homosexuality, had never accepted same-sex marriage as part of the fundamental right to life and dignity under Article 21 of the Constitution.
- Registration of marriage of same-sex persons would also result in violation of existing personal as well as codified law provisions.
It is submitted that there cannot be an untrammelled right under Article 21 and cannot override other constitutional principles, adding that Parliament has designed and framed marriage laws, which are governed by personal laws/codified laws relatable to customs of various religious communities, to recognise only the union of a man and a woman to be capable of legal sanction, and thereby claim legal and statutory rights and consequences.
Ethical aspects of Same-sex marriage
Equality: Denying same-sex couples the right to marry is seen as discrimination and a violation of basic human rights.
Consent: Same-sex couples should be able to marry if they are both consenting adults who are making a free and informed decision to enter into a lifelong commitment.
Harm: Opponents of same-sex marriage argue that it is harmful to society or to children who may be raised by same-sex couples.
- However, many studies have found that there is no evidence to support these claims and that children raised by same-sex parents do just as well as children raised by opposite-sex parents.
Tradition: Some people argue that same-sex marriage goes against traditional values and beliefs.
- However, tradition is not always a reliable guide to ethics, and there is no inherent ethical value in maintaining a tradition simply because it is old or familiar.
Religious beliefs: For some, same-sex marriage may conflict with their religious beliefs. While everyone has the right to their own beliefs, it is important to remember that religious beliefs should not be used to justify discrimination or deny equal rights to others.
Insta Links:
SC transfers to itself all pleas related to same-sex marriage
Mains Link: UPSC 2021
How does Indian society maintain continuity in traditional social values? Enumerate the changes taking place in it.
