A five-judge Constitution bench has been established by the Supreme Court to hear a list of petitions arguing for the legal recognition of same-sex marriage in India. Even though the Supreme Court has repeatedly ruled that all adults have the right to marry whoever they choose, the various pleas have the same complain that despite the union, they do not enjoy any of the rights that married couples do.
Before we advance to the progress of the pleas, let’s 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 individuals. LGBT is an adaptation of the initialism of LGB, which started to take the place of the term homosexual (or gay and lesbian) in reference to the larger LGBT population in the middle to late 1980s. Every letter individually represents a section of people associated with the community, like:
Lesbian: A woman who exhibits strong attraction, mostly to other women of the same gender, and identifies as a part of the Lesbian community.
Gay: One who exhibits strong sexual attraction to others who are mostly their own gender or sex is referred to as gay. The term is usually connected with Males.
Bisexual: The potential to be sexually attracted to individuals of other sexes and/or genders, though perhaps not always at the same time, in the same way, or to the same extent.
Transgender: A 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 mainstream society.
Queer: The term "queer" refers to sexual and gender identities that are not heterosexual or cisgender. Queer, which originally meant "strange" or "peculiar," came to be used negatively to describe those who have same-sex interactions or interests.
Intersex: A person is defined as intersex if they are born with biological characteristics from both sexes. They "do not fit 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 nonexistent interest in or desire for sexual behaviour, are referred to as asexuality. It is both a spectrum and an identity. People who are asexual are commonly referred to as aces or just aces.
The list does not end here. There are more terms to refer to the members of the pride community based on their sexual and physical orientation. Check out the complete list below:
Non-Binary: The term "non-binary" is typically used to refer to a wide range of gender-nonconforming identities and is most frequently used by those who do not precisely identify as "male" or "female."
Pansexual: One who is attracted to anyone, including those who don't identify as one particular gender, is referred to as a Pansexual. It is believed that this group of people are more interested in personality over gender.
Cisgender: Umbrella term for those whose gender expression and gender identity are congruent with the sex assigned to them at birth, and whose gender is validated by the dominant culture.
Biological Sex: Assigned sex or Biological sex is a label(gender) that you're given at birth based on medical factors, including your hormones, chromosomes, or genitalia.
Gender Identity: An individual's internal and unique experience of gender is their gender identity. It is believed that a person belongs to either any 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 himself in terms of the people they find attractive romantically or sexually. When someone chooses not to identify with a sexual orientation, they may still have a sexual identity, which can also refer to their sexual orientation.
Ally: Ally is usually referred to as a friend, here it refers to the one 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 struggle for equality and rights.
Heterosexual Privilege: The privileges and advantages one enjoys in society due to their perceived heterosexuality or their own heterosexuality, fall under this category.
Heterosexism or Heteronormativity: A system of beliefs, prejudice, and discrimination that supports female-male relationships and sexuality is known as heterosexism. It held that heterosexuality is the only acceptable norm and is, therefore, superior and that everyone is or should be heterosexual.
What is the new petition on same-sex marriage in India?
A Supreme Court Constitution Bench made up of five judges referred the petitions to recognise same-sex marriages on March 13 by a bench chaired by Chief Justice of India D.Y. Chandrachud.
Whereas, on April 17, 2023, the Central Government of India told the Supreme Court that the desire for same-sex marriage's legal recognition is only the expression of "urban elitist views" for the sake of social acceptance. And by approving same-sex unions, the court should not attempt to judicially establish a "new social institution."
The argument further urged judges to leave the matter to Parliament in deciding whether or not such a "marriage of a different kind" is morally and religiously acceptable. They believe that legislature would take into account broader views and voices of the rural, semi-rural, and urban populations, the religious denominations, personal laws and customs, and the effect of same-sex unions on other laws governing marriage. In contrast, the court would decide cases solely based on petitions containing "elitist views."
Also Read:Who is Justice D.Y Chandrachud?
On the eve of the hearing in the same-sex marriage case before a Constitution Bench chaired by Chief Justice of India D.Y. Chandrachud, the government filed this affidavit. They claimed that the idea of marriage as a heterogeneous institution now in existence possesses the sanctity of law and religion. On the other hand, legalising same-sex unions could imperil children and "seriously affect the interests of every citizen."
Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and PS Narasimha are on the bench assembled by Chief Justice of India (CJI) DY Chandrachud to hear a plea about same-sex marriage. And the Court has set April 18 as the date for the case's final arguments.
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