The Delhi High Court is currently hearing a series of petitions from members of the Lesbian Gay, Bisexual and Transgender (LGBTQ+), seeking to be recognized as same-sex married under special laws.
The plea of the queer couple (an Overseas Citizen of India and a foreigner) seeking to recognize same-sex marital status under the Foreign Marriage Act, Special Marriage Act, and one was for live streaming of the same-sex wedding proceedings in India.
The High Court will hear all these arguments for same-sex marriage on February 3rd 2022.They will also hear a petition opposing registration of such marriages under Hindu Marriage Act.
In 2018, the apex Indian court ruled in a landmark case brought by Navtej Johar, a dancer, to repeal section 377 IPC.This decriminalised homosexuality.The latest response from the government to the Delhi High Court on this issue was against same-sex marriages.
On October 25, the Centre submitted to the court that the term “marriage”, which is associated with heterosexual couples, and the word “spouse”, means husband and woman.
It claimed that there was “some confusion” about the Navtej Johar case, which criminalised homosexual sex, but did not mention marriage.
Arguments were made that Navtej Johar’s case doesn’t mention marriage and that it is possible to marry a biological male or female.
In a petition to legalize all gay, lesbian, and non-heterosexual marital relationships under secular laws for marriage, such as the Foreign Marriage Act 1969 and Special Marriage Act 1954, the Court submitted its submission.
Some countries allow same-sex marriage
On April 1st 2001, the Netherlands became the first country to recognize marriage equality between same-sex partners.This was twenty years ago.Same-sex marriage is legally performed and recognized–nationwide or in some parts — in 31 countries.These include Argentina, Australia and Brazil.
Same-sex marriages will begin in Switzerland and Chile starting 2022.
Same-sex marriage in the United States expanded from one state in 2004 to all fifty states in 2015 through various state court rulings, state legislation, direct popular votes, and federal court rulings.The fifty states each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognise marriage as a fundamental right that is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v.Virginia.
Chile is the ninth country in the Americas to pass marriage equality legislation, joining Canada, Argentina, Brazil, Uruguay, the United States, Colombia, Ecuador, and Costa Rica.
Still following Victorian law, says LGBT community
Talking to IANS, noted transgender activist Kalki Subramaniam said the Centre’s stand seems India still follows the century-old Victorian law when it comes to same-sex marriage.
Consensual sex between the same gender was earlier a crime, but not anymore, however, when it comes to marriage the views of the government are not favourable for the LGBT community, she said.
Now more people are coming out and revealing their identity bravely in their workplaces, homes.The Government has to look into it more humanely as the togetherness between two persons and not just as two genders.Marriage is not just for reproduction, it is much more, she said, adding we are not just animals just to produce babies year after year and generation after generation.
“We are a civilised society and we have the right to fall in love with the person who will take care and support each other and nourish a healthy relationship to a healthy society.The government and judiciary have to look into this aspect as simple as it is,” she said.
The government cannot decide who can fall in love with whom and it is nobody’s business.
“It’s my own right and my own decision.it should be in that way.but the views of the authorities are unfortunate and we are going backward”, she said.
When asked if the same-sex marriage is really necessary, she said: “Personally, I do not believe in the institution of marriage.But my friends and other transgenders do.I will stand for their rights,” she added.
(Jaison Wilson can be reached at [email protected])
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