THEY say that a perfect marriage is just two imperfect people who refuse to give up on each other. The recent decision of the apex court agreeing to hear petitions seeking legal re-cognition of same-sex marriages raises hopes of securing another significant right for the LGBTQ community.
A bench led by Chief Justice DY Chandrachud recently asked the government to file its response within a month. This decision, coming four years after the Supreme Court scrapped the law criminalising gay sex, shows that the Court is ready to accept the fact that Indian society is changing and laws will also have to keep abreast. CJI DY Chandrachud, who is known for his progressive judgments especially those pertaining to LGBTQ and women's rights, reportedly said: "Equality is not achieved with the decriminalisation of homosexuality alone but must extend to all spheres of life including the home, the workplace and public places." One of the current petitions before the Supreme Court is by a gay couple based in Hyderabad who held a commitment ceremony last December to cement their nearly decade long relationship. "We still can't say we are legally married. On any public platform, I cannot introduce Abhay as my husband.
Marriage is important to an Indian family and I want my mother to be able to say that her son is married to Abhay," said 32-year old Chakraborty. "I have to still fill my status on all official forms as single, but I want the same rights and security that flow from legal marriages for straight couples. We don't have any of that." The lack of legal recognition leads to a host of legal hurdles for same-sex partners such as the right to make healthcare decisions for spouses or rights to inheritance, etc., all of which were pointed out by Senior Advocate Mukul Rohatgi who appeared for the petitioners before the Court.
This story is from the December 12, 2022 edition of India Legal.
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This story is from the December 12, 2022 edition of India Legal.
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