Same Sex Marriage: SC Rejects Review of Judgment

General Studies Paper -2

Context: Recently, a five-judge Bench of the Supreme Court rejected petitions seeking a review of a judgment which refused to legalise same-sex marriage in India.

Background

• The Supreme Court of India, in October 2023, ruled and acknowledged the discrimination faced by same-sex couples & emphasized that such a decision should be made by Parliament, which is better suited to debate and legislate on this complex social issue.

Same-Sex Marriage

• It is the practice of marriage between two men or between two women. It has been regulated through law, religion, and custom in most countries of the world.
• India does not recognise registered marriage or civil unions for same-sex couples.
• Though, same-sex couples can attain equal rights and benefits as a live-in couple as per a Supreme Court of India judgement in 2022 under part of Article 21 (the right to life).
• Special Marriage Act, 1954: It provides a civil marriage for couples who cannot marry under their personal law.
• However, the Supreme Court of India (in 2023) ruled that the Special Marriage Act (SMA) of 1954 does not apply to same-sex marriages:
  • The court unanimously agreed that there is no fundamental right to marry.
  • The court ruled that the Special Marriage Act, 1954 cannot be amended to include same-sex marriages.
  • The court ruled that same-sex couples cannot form civil unions or adopt.

Arguments in Favour of Same-Sex Marriage in India

• Equality and Non-Discrimination: Advocates argue that denying same-sex couples the right to marry is a form of discrimination that violates the principles of equality enshrined in the Indian Constitution.
  • Legal recognition of same-sex marriage would affirm the dignity and rights of LGBTQIA+ individuals.
• Legal and Social Benefits: Marriage provides numerous legal and social benefits, including inheritance rights, tax benefits, and social security.
  • Recognizing same-sex marriages would ensure that LGBTQIA+ couples have access to these benefits, promoting their well-being and security.
• Improving Mental Health: Legal recognition of same-sex marriages can improve the mental health of LGBTQIA+ individuals by reducing stigma and promoting social acceptance.
• International Precedents: Many countries have legalized same-sex marriage, setting a global precedent for equality.
  • India, as a progressive democracy, could align itself with these international standards by recognizing same-sex marriages.

Arguments Against Same-Sex Marriage in India

• Cultural and Religious Beliefs: Opponents argue that same-sex marriage is contrary to traditional Indian cultural and religious values.
  • They believe that marriage should be between a man and a woman, as per the customs and beliefs of many communities.
• Legislative Domain: The Supreme Court of India has ruled that the legalization of same-sex marriage falls within the legislative domain, not the judiciary.
  • It means that any change in the law should come from Parliament, reflecting the will of the people.
• Social Readiness: Some argue that Indian society is not yet ready to accept same-sex marriages.
  • They believe that legalizing same-sex marriage could lead to social unrest and backlash from conservative sections of society.
• Alternative Legal Recognition: Instead of marriage, some suggest that civil unions or domestic partnerships could provide legal recognition and rights to same-sex couples without altering the traditional definition of marriage.

Implications of Dismissal of the Review Petitions

• It means that same-sex couples in India will continue to lack legal recognition for their relationships.
• The court’s decision underscores the need for legislative action to address the rights and recognition of same-sex couples.
• Until then, the LGBTQIA+ community remains dependent on the government’s policy and legislative wisdom.