Chief Justice questions whether binary gender essential for marriage in same-sex case.
During a hearing on the legalisation of same-sex marriage, Chief Justice DY Chandrachud of the Supreme Court of India questioned the need of binary gender in marriage. The Indian government has voiced objection to the hearing, which was being live-streamed on the court's website and YouTube, calling the appeals "urban elitist views". The absence of legal recognition and the impossibility for same-sex couples to exercise rights like medical consent, pensions, adoption, and club memberships have been brought up in at least 15 appeals that have been submitted to the court.
Chandrachud acknowledged that the law has evolved significantly since the enactment of the Special Marriage Act in 1954, and noted that by decriminalising homosexuality, the court had recognised that same-sex relationships could be stable. He also questioned the impact of domestic violence in heterosexual couples, and pointed out that people were moving away from the traditional notion that a boy was necessary in a family.
Legalising same-sex marriage in India requires a redefinition of the evolving notion of marriage, Chandrachud said, and asked whether two spouses of binary gender were essential for marriage. He argued that same-sex relationships were not just physical, but also stable emotional relationships.
The Indian government has challenged the appeals, including some by gay couples, on the grounds that same-sex marriages are not “comparable with the Indian family unit concept of a husband, a wife and children”. The government has called for parliament to debate the matter instead.
Chandrachud’s comments reflect a growing acceptance of same-sex relationships and their recognition in law, and highlight the need to evolve with changing times. The hearing is ongoing, and its outcome remains to be seen.
Legalising same-sex marriage would go a long way towards guaranteeing that all people, regardless of sexual orientation or gender identity, have equal rights and are not discriminated in the society.
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