Same-sex Couples Have To Wait For Legalization Of Marriage?

Mon Mar 13 2023 12:50:59 GMT+0530 (India Standard Time)

The world is progressing and society also started accepting same-sex relationships and marriages. First, the western countries accepted the trend and later the Asian nations also started saying yes to this. Slowly, Lesbian, gay, bisexual, and transgender (LGBT) rights are gaining momentum in nations like India.

There are no restrictions on same-sex relations and they can be in a relationship with their partners as heterosexual couples do. Thanks to the fight of activists, same-sex couples can talk about their relationship. Though people still see it as abnormal, they are continuing their relationship.

A fight is going on in the country for the legalisation of same-sex marriages. A bunch of petitions were filed in the top court, the Supreme Court on this. To this, the Union government filed a counter affidavit saying its stand on marriages between same-sex people.

In the affidavit, the Union Government said no to the legalisation and said that such marriages would impact the balance of personal laws. Having said that, the Centre also said that there is no mention of marriage in any personal laws.

With the response, it appears that same-sex people have to wait for some more time for the legalisation of marriages. In the affidavit, the Union government said that the Parliament is designing the marriage laws covered by personal laws and hence the legislature should deal with the laws.

The Union government also said that saying yes to the legalisation of same-sex marriages would be a violation of existing personal laws and the conditioning of marriages. It looks like the union government is very clear on same-sex marriages and granting legalisation for marriages.

"It must be kept in mind that granting recognition and conferring rights recognizing human relation which has its consequences in law, and privileges, is in essence a legislative function and can never be the subject matter of judicial adjudication. The prayer made by the petitioner before this court, is, therefore, wholly unsustainable, untenable and misplaced," the Union Government said in its counter affidavit.

The fight for the legalisation of same-sex marriages got momentum in January this year. A few couples started the fight and moved the Supreme Court with a few petitions saying that same-sex marriages should be legalised.