gay marriage in india: Supporting petitions seeking recognition of same-sex marriages, the Delhi Commission for Protection of Child Rights has moved the Supreme Court saying that the Center and state governments should take steps to create public awareness that same-sex families Units are common.
Seeking intervention in the batch of petitions pending before the apex court, the Delhi Commission for Protection of Child Rights (DCPCR) said several studies on same-sex parenting have shown that same-sex couples make good parents. Can be
The plea states, “The central and state governments should take steps to create public awareness that homosexual family units are as ‘normal’ as heterosexual family units, and children belonging to the former in particular are ‘incomplete’ in any way.” are not.” ,
Citing examples of countries that have legalized same-sex marriages, the commission noted that currently more than 50 countries allow same-sex couples to legally adopt children.
“It is respectfully submitted that law must keep pace with social development and evolution of legal principles. We cannot be bound by time nor can we allow the wording of existing law to become a hindrance in the realization of fundamental rights.” Law is not an end but a means to the realization of human and fundamental rights,” the plea said.
The top court, on March 13, had referred the pleas to legalize same-sex marriages to a five-judge constitution bench for adjudication, saying it was a very fundamental issue. A bench headed by Chief Justice DY Chandrachud noted that the submissions on the issue involve the interplay between constitutional rights on the one hand and special legislative enactments including the Special Marriage Act on the other.
Know about the case,
In a landmark judgment on September 6, 2018, the Supreme Court decriminalized consensual same-sex sex between adults after years of activism. In an affidavit filed before the apex court, the government has opposed the petitions and submitted that despite the decriminalization of Section 377 of the Indian Penal Code (IPC), the petitioners cannot claim the fundamental right of same-sex marriage. Law of the country.
Also, it submitted that though the Center limits its recognition to heterosexual relationships, marriage or other forms of unions or relationships between individuals in society can have individual understanding and are “not illegal”. It states that jurisprudence in this context cannot be imported from a Western decision without any basis in Indian constitutional law, while asserting that recognition of human relations is a legislative function and can never be subject to judicial adjudication. Can’t be a subject.
(with inputs from agencies)
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