samesexmarriage
By Ritika Jain The Centre on Wednesday took a diversion from their declared view and told the Supreme Court that the government is agreeable to forming a committee which would examine if certain legal rights can be granted to couples from the LGBTQIA+ community without giving them the legal recognition of “marriage”. “The government is positive. What we have decided is that this would need coordination between more than one ministry. So therefore, a committee headed by no less than the cabinet secretary will be constituted,” Solicitor General Tushar Mehta said. “Suppose the government says tha...
BOOM Live
By Mohammed Kudrati The Bar Council of India (BCI) passed a resolution on April 23, 2023, requesting the Supreme Court to leave the issue of marriage equality to the legislative process and claimed that over 99.9% of Indians are opposed to the idea. BOOM found that while surveys and polls done on the issue of marriage equality show varying results, none of them come remotely close to the 99.9% figure cited by the BCI. These publicly available survey results show opposition to marriage equality to be as high as 62%, with another one showing support being as high as 53% among Gen Z (those betwee...
BOOM Live
By Ritika Jain Centre told the Supreme Court that though the government cannot regulate social personal relationships, it could intervene and regulate "certain relationships" if it was in the legitimate interest. Solicitor General Tushar Mehta, representing the Centre, also expressed apprehension that if one allowed marriage equality and legitimised what is considered to be "forbidden relationships", then at some point in the future the same arguments could be made to allow incest or polygamy. Today, on day six of the hearing on Marriage Equality, the top court engaged in a back-and-forth disc...
BOOM Live
By Riddhi Dastidar Last week hearings began in the Supreme Court on what has largely been called the ‘same sex marriage’ petition by newsrooms and the general public in India. A five-judge Constitution bench headed by the Chief Justice of India DY Chandrachud began hearing the 20 listed petitions on Tuesday, 18 April. The Union government has stated its opposition, saying in an affidavit that such unions would create ‘complete havoc’ in the country. It has argued that this demand is an ‘urban elitist concept’, and that marriage is ‘not a fundamental right’, and further contended that the quest...
BOOM Live
By Ritika Jain Supreme Court on Tuesday observed that at this stage it could “steer clear of personal laws” and focus on interpretation of the Special Marriage Act to open doors for same-sex marriage. On day 1 of the hearing on pleas seeking recognition of same sex marriage, the five-judge Constitution Bench acknowledged that if the arguments touched on the Hindu Marriage Act, then it opened a pandora’s box for contentions in all personal laws. There is “sage wisdom” in going about the “interpretive task” in an “incremental manner”, Chief Justice of India DY Chandrachud observed. Supreme Court...
BOOM Live
By Ritika Jain Supreme Court today will begin hearing pleas seeking recognition of same-sex marriages. However, before it begins deliberation and frames issues of law that will define the scope of arguments, the Supreme Court must decide on the Centre’s plea challenging the maintainability of the pleas. The pleas—which were transferred to the Supreme Court from different high courts—have drawn sharp reactions from different sections of society. While there are a few who want to welcome this socio-legal move, there are those who feel same-sex marriages would destroy the fabric of society. The I...
BOOM Live
By Aisha Siddiqui Until 2018, gay sex was criminalised in India. Five years later, the queer community is hoping for equal rights and recognition through the legalization of same-sex marriage. The Supreme Court has set 18 April to hear arguments for the plea. The government has opposed same-sex marriage suggesting that it is against the idea of an Indian family that involves a man, woman and children. And that has left the queer community disappointed. BOOM spoke to some queer people who explain why India should legalise same-sex marriage. ‘Same-Sex Marriage Is Not Against Ethos Of Family’“The...
BOOM Live
By Ritika Jain Five-judge Constitution Bench of the Supreme Court will decide on pleas seeking recognition of same-sex marriage. The five-judge bench on April 18 will frame the issues of law that will define the scope of arguments. Supreme Court bench led by Chief Justice of India DY Chandrachud said the issue was of “seminal importance” before referring it to a larger bench. The bench further noted that the arguments put forward by those seeking marriage equality will include “broader” constitutional entitlements around the right to life, and dignity. The apex court noted that suggestions mad...
BOOM Live
On April 1, 2001, the Netherlands became the first...
newTOKYO
The majority of Swiss voters have backed the same-sex marriage referendum, according to the initial projection following the nationwide vote. Switzerland conducted a referendum on Sunday. The projection showed that 64.1% of voters voted in favor of same-sex marriage. LGBT couples in the country now can enter themselves into registered partnerships. Yet, they still do not enjoy equal rights as married people. If the amended law for same-sex marriage passes, the LGBT couples in Switzerland would be eligible for civil weddings and other rights just as married couples do, including adopting childr...
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