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Same Sex Marriage under Special Marriage Act? SC asks Centre.

Supreme Court Issues a plea to recognize marriage of two Gay couples under Special Marriage Act.

On 6th September, 2018, the Supreme Court of India ruled a judgment regarding the Article 377 of the Indian Constitution. In the judgement, SC said that consensual sex between two adult homosexuals is not illegal anymore. Article 377 still remains in force relating to minors, non-consensual acts and bestiality. However, same sex marriage still remains to be illegal in India.

This was a very important recognition for the LGBTQ community as it wasn’t recognized as legal in the eyes of the law. But the issue with the same sex marriage stirs some problems for the people of the community who want to get married but cannot.

A bench comprising of Chief Justice of India D.Y. Chandarchud and Justice Hima Kohli heard the plea of a couple. Supriya Chakroborty and Abhay Dang, who stated in their plea that non-recognition of their marriage leads to many challenges. Discrimination being the biggest of the challenges, which is not only an issue for them but for other LGBTQ couples as well. Another petition by Parth Phiroze and Uday Raj Anand is also under hearing.

The petitioners claim that the 1954 Special Marriage act should also include same-sex marriage in them. The 1954 act grants protection to marriage of inter-caste and inter-faith individuals.

Life of LGBTQ people in India:

The life of people of the LGBTQ community already is a big issue in a country like India. Our country has beliefs rooted deep inside that state that a relationship can only be with an opposite gender. This mentality already poses an issue for the people of the community and thus they have to hide their identity.

Even after the judgement relating to article 377, the people of the community cannot marry in the eyes of the government. Therefore, this poses more issues and discrimination against them.

However, Supreme Court India has issued a plea to government. In the plea the Court asks for a response in involving same-sex marriage in the Special Marriage Act.

What do you think about involving same sex marriage in the Special Marriage Act?

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