Marriage
is the cornerstone of our social system. No union is more profound than
marriage, as it embodies the highest ideals of love, loyalty, devotion,
sacrifice, and family. Justice Anthony M. Kennedy stated this in the historic
decision of the US Supreme Court in June 2015. In its decision, the court had
given a legal guarantee to same-sex marriage by declaring it legal.
Recently,
the Supreme Court has started hearing several petitions demanding legal
approval for same-sex marriage. Gay couples and LGBTQ+ activists are making
strong arguments in their favor. They claim they are deprived of the right
to equality listed in Article 14 of the Constitution and the right to lead a
dignified life under Article 21.
'Person' should be used
instead of 'man' and 'woman':
·
The lawyers for the petitioners have
argued that marriage is not just a union of a man and a woman but a union of
two people. The law should be changed to reflect that same-sex couples can also
marry. Senior advocate Mukul Rohatgi, representing some of the petitioners,
last week asked Chief Justice D.Y. Chandrachud that wherever 'husband' and
'wife' are used in the Special Marriage Act (SMA), it should be made gender
neutral and 'person' should be used in place of 'man' and 'woman.'
·
However, senior advocate Kapil Sibal,
appearing for Jamiat-Ulema-e-Hind, said that it is a valid marriage; suppose
the marriage breaks down, and they adopt a child. What is going to happen? Who
will be the father? Who is the lady? Who will get alimony? There will be severe
social consequences for that announcement. Sibal asserted that in other
countries where same-sex marriage has been recognized, they changed the entire
legal framework; either you take it in one form or you don't.
Arguments of other people
opposing remain to be given:
·
During the hearing, the Chief Justice said
that by decriminalizing homosexuality in 2018, it was implicitly considered
that stable relationships such as marriage could exist between same-sex
individuals. However, comments from the Supreme Court in the hearings so far
have indicated positivity for the possibility of same-sex marriage. Apart from
this, the arguments of the Center, the Center, and others opposing it are yet
to be given.
·
The central government said in the Supreme
Court that it could also have an unexpected consequential effect on other laws.
The government has argued that the state government and union territories
should be a party. Also, religious leaders will react after same-sex marriage;
there is a possibility of an increase in discrimination, and there is a
possibility of discrimination at workplaces. In such a situation, the Supreme
Court will have to ensure that gay couples will not be victims of any bias.
Their social acceptability will become a practical reality, and they will have
equal dignity in the eyes of the law.
Troubled married life can
hurt the child:
·
During the hearing, the Chief Justice said
on Thursday, April 20, what happens when there is a heterosexual couple, and
the child witnesses domestic violence? Will that child grow up in a typical
environment, a father becoming an alcoholic and returning home and beating him?
What happens from Beating the mother every night and demanding money for
alcohol, so much for a heterosexual couple, no absolutism? Therefore, why call
heterosexual couples perfect if they are not immune to socioeconomic pressures
and the negative impact a turbulent married life can have on the child?
·
The top court said that incidentally, even
if a couple is in a same-sex relationship, neither can adapt. It is said that
the argument that it would create a psychological effect on the child is belied
by the fact that it is open as a lawyer today. It is just that the child loses
the benefits of the paternity of both parents. Then, why aren't heterosexual
couples and same-sex couples treated as equals? The State Governments are not
parties in this matter. The picture is expected to appear when the apex
court starts hearing next week.
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