The situation is shaping up to be a heated one, with same sex couples and LGBTQ+ advocates hoping for a ruling in their favour. The government and religious groups are further fiercely opposing same sex union. The debate therefore is going on in Supreme Court.
Both parties have made a strong case for their positions. Marriage, according to the petitioners’ attorneys, is a union of two people, not only a man and a woman. They have argued that regulations ought to be altered to reflect how marriage has evolved over time. Also, how same-sex couples also desire for marriage’s respectability.
But the government’s solicitor, Attorney General Tushar Mehta, has questioned whether the court even has the authority to hear the case. He claims that the socio-legal question of marriage cannot be decided by a panel of five judges. Only the parliament has the authority to address it.
Both sides must conclude their arguments by Thursday, according to the court.
In a nation with an estimated tens of millions of LGBTQ+ citizens, the topic is crucial. The Indian government estimated their population at 2.5 million in 2012. However, calculations based on global figures suggest that there are actually more than 135 million people living there, or at least 10% of the world’s population.
Government writes to the Supreme Court:
The nationalist government, headed by Prime Minister Narendra Modi, filed a strong affidavit in the Supreme Court on Monday. It was declaring its opposition to same-sex unions and requesting that the case be further dismissed.
The government argued that any equality granted to same-sex couples went against religious values and “seriously affected the interests of every citizen,” and that such a decision should be made by parliament and not the courts. “A valid marriage is only between a biological male and a biological woman,” the government’s submission stated. Additionally, the Modi administration recently challenged the appointment of a gay attorney to the Supreme Court on the grounds of his sexuality.
As off right now, it is difficult to say what the decision of the court will be. The debate is actively going on in the Supreme Court. What do you think about same-sex marriages?
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