In 2018, the SC decriminalized homosexuality. In 2023, the gay community is demanding the right to legal recognition of marriage among themselves. But the Center has called it dangerous for the society. Now the constitutional bench of five judges has to decide on this.
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New Delhi: A large section of homosexuals in the country is fighting a battle to get legal recognition of their marriage. The Supreme Court has to decide. Hearing is to be held in this matter on Tuesday i.e. today. but before that in india Gay Marriage Regarding whether it should be or not, the Central Government on Monday Supreme Court (SC) Has filed his reply in strong words. Central government It was clearly said from the side that only the Parliament has the right to make laws in this regard and not the court. Before making any law, the government looks at all its dimensions and its effects.
In fact, the court had asked the Center to respond to the petitions of homosexuals. In response to which the Center also said that marriage is a sacred ritual associated with it in every religion. It protects the interests of citizens of all religions, societies, communities and genders. Center He further said that there should also be a majoritarian approach in the law. The Center told the court that judicial intervention for same-sex marriage would risk tipping the balance.
What happened in court on gay marriage
India’s top court decriminalized homosexuality in 2018 by lifting the ban on same-sex relationships. On December 6, 2018, the Supreme Court had said that homosexuality is not a crime. The court had remarked that homosexuals also have the same basic rights as any common citizen has the right to live according to his wish.
Then the court had abolished section 377 of the Indian Panel Code. This decision was given by the then CJI Deepak Mishra. He had said that whatever it is, it should be accepted in the same form. There is a need to change the thinking about homosexuals in the society.
What is the petition of homosexuals in the court
Apart from the Delhi High Court, petitions were filed in many other courts regarding same-sex marriage. At least 15 petitions were filed in the courts. In all the petitions, same-sex couples and activists challenged various marriage acts and said that these marriage acts prevent them from marrying each other. deprive them of their rights.
In these petitions, the top court was requested to read the provisions of the Marriage Acts comprehensively so that a proper place could be made in them for same-sex marriage.
Seeing the seriousness of the matter, the Supreme Court, while hearing the petitions of same-sex couples on November 25 and December 14 last year, had sought answers from the Central Government. After which, on January 6 this year, the court had collected all these petitions with itself.
After which, on March 13, the bench headed by Chief Justice DI Chandrachud Singh had sent the matter to a constitutional bench of five judges in view of the seriousness of the matter.
The five-judge constitution bench of the Supreme Court comprises CJI Chandrachud Singh, Justice SK Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha.
How many gays are there in India?
In the year 2012, the Government of India had told the population of LGBTQ community to be 2.5 million. This is at least 10 percent of the entire population in the world. But in the last few years the number of homosexuals in India has increased. In a survey in 2020, 37 percent people said that they were in favor of it.
Source: www.tv9hindi.com”