INDIA
The Center has opposed same-sex marriage, arguing that in India, marriage is an institution between a biological man and woman as well as a union of two people.
An appeal to legalise same-sex marriage in the nation will be heard by the Supreme Court on Monday, 13th March 2023. A group of applications from same-sex couples asking for recognition of their weddings under the Special Marriage Act, the Hindu Marriage Act, and the International Marriage Act were being heard by the high court.
Whether or not this case should be heard in court will be decided by an apex court panel chaired by Chief Justice of India DY Chandrachud. The Centre's affidavit regarding the rules governing same-sex marriage is expected to be relevant during tomorrow's hearing.
The Centre has opposed same-sex marriage, saying marriage in India is not only a union of two individuals but an institution between a biological man and a woman, and court intrusion will cause "total havoc with the delicate balance of personal laws".
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The Center urged the court to reject challenges to the current legal framework brought by LGBTQ+ couples, arguing that living together as partners and having sexual contact with people of the same sex (which is now decriminalised) are not comparable with the Indian family unit concept.
By overturning a prohibition on gay intercourse from the colonial era, India's top court decriminalised homosexuality in a landmark decision in 2018. The current lawsuit is thought to be a significant advancement for LGBT rights in the nation.
Several gay couples who have been together for the past many years and want their union to be recognised by the law submitted one of their arguments to the Supreme Court.
The Supreme Court is scheduled to make the final decision tomorrow, notwithstanding the Centre's advice to the contrary.
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