The Supreme Court has set up a five-judge constitutional bench to hear a list of petitions advocating legal recognition of same-sex marriage in India. Although the Supreme Court has repeatedly ruled that all adults have the right to marry whomever they want, the various pleas have the same complaint that despite the union, they do not enjoy any of the rights that married couples enjoy.
Before moving forward to the progress of the allegations, let us understand the basic definition of LGBTQIA+ and more.
The term LGBTQIA+ is used to refer to all lesbian, gay, bisexual, transgender, queer, intersex and asexual people. LGBT is an adaptation of the initialism of LGB, which began to take the place of the term homosexual (or gay and lesbian) in reference to the larger LGBT population in the mid to late 1980s. Each letter individually represents a section of people associated with the community, such as:
Lesbian: A woman who shows a strong attraction, primarily to other women of the same gender, and identifies as part of the lesbian community.
Gay: Someone who shows a strong sexual attraction to other people who are mostly of the same gender or sex is called gay. The term is usually related to men.
Bisexual: The potential to be sexually attracted to people of other sexes and/or genders, although perhaps not always at the same time, in the same way, or to the same extent.
Transgender: Generic term for people whose gender identity or expression does not correspond to the sex they were assigned at birth or is not accepted by society in general.
Queer: The term “queer” refers to sexual and gender identities that are neither heterosexual nor cisgender. Queer, which originally meant “strange” or “peculiar,” came to be used negatively to describe those who have interactions or interests with people of the same sex.
Intersex: A person is defined as intersex if they are born with biological characteristics of both sexes. “They do not conform to typical binary notions of male or female bodies,” according to the Office of the United Nations High Commissioner for Human Rights.
Asexual: The lack of sexual attraction to others, as well as low or non-existent interest or desire for sexual behavior, is called asexuality. It is both a spectrum and an identity. Asexual people are often called aces or simply aces.
The list does not end here. There are more terms to refer to members of the Pride community based on their sexual and physical orientation. Check out the full list below:
Non-binary: The term “non-binary” is commonly used to refer to a wide range of gender non-conforming identities and is most often used by those who do not precisely identify as “male” or “female.”
Pansexual: Someone who is attracted to anyone, including those who do not identify with a particular gender, is called pansexual. This group of people is believed to be more interested in personality than gender.
Cisgender: A general term for those whose gender expression and identity are congruent with the sex they were assigned at birth and whose gender is validated by the dominant culture.
Biological sex: Assigned sex or biological sex is a label (gender) that is assigned to you at birth based on medical factors, including your hormones, chromosomes, or genitals.
Gender Identity: An individual’s internal and unique experience of gender is their gender identity. A person is believed to belong to either gender, neither, both, or somewhere in between. However, the sex a person is assigned at birth may or may not match their gender identification.
Sexual identity: Sexual identity is the way a person views themselves in terms of the people they find romantically or sexually attractive. When someone chooses not to identify with a sexual orientation, she may still have a sexual identity, which may also refer to her sexual orientation.
Ally: An ally is generally referred to as a friend, here it refers to someone who agrees with and supports the goals of another person or group. More specifically, a straight ally is a person who supports the LGBTQIA+ community’s fight for equality and rights.
Heterosexual Privilege: The privileges and advantages one enjoys in society due to their perceived heterosexuality or their own heterosexuality fall into this category.
Heterosexism or heteronormativity: A system of beliefs, prejudices and discrimination that supports relationships and sexuality between women and men is known as heterosexism. He argued that heterosexuality is the only acceptable and therefore superior norm and that everyone is or should be heterosexual.
What is the new petition on same-sex marriage in India?
A five-judge Constitution Bench of the Supreme Court referred petitions to recognize same-sex marriages on March 13 to a bench headed by Chief Justice of India DY Chandrachud.
Whereas, on April 17, 2023, the Central Government of India told the Supreme Court that the desire for legal recognition of same-sex marriage is only the expression of “urban elitist views” for the sake of social acceptance. And in approving same-sex unions, the court should not attempt to judicially establish a “new social institution.”
The argument further urged the judges to leave the question in the hands of Parliament to decide whether such a “marriage of a different type” is morally and religiously acceptable. They believe the legislature would take into account broader views and voices of rural, semi-rural and urban populations, religious denominations, personal laws and customs, and the effect of same-sex unions on other laws governing marriage. Instead, the court would decide cases based solely on petitions containing “elitist opinions.”
Also Read: Who is Justice DY Chandrachud?
On the eve of the hearing of the same-sex marriage case before a Constitution Bench headed by Chief Justice of India DY Chandrachud, the government filed this affidavit. They affirmed that the idea of marriage as a heterogeneous institution that exists today possesses the sanctity of law and religion. On the other hand, legalizing same-sex unions could endanger children and “seriously affect the interests of all citizens.”
Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha are in the bench assembled by Chief Justice of India (CJI) DY Chandrachud to hear a plea on same-sex marriage. And the Court has set April 18 as the date for the final arguments in the case.
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Source: ptivs2.edu.vn