It was a watershed moment when US President Joe Biden signed the bill into law on December 13, 2022, to the landmark legalisation protecting same-sex Marriage. In India, on December 14, 2022, the Supreme court issued a notice to the center on another plea for legalizing same-sex Marriage in India.
After being pointed out by the transfer petition by Delhi Based Kavita Arora and Ankita Khanna, with respect to the similar petition on November 25, it’s in the best interest of the Judiciary to adjudicate at one place seeking a plea to be transferred to the Supreme Court.
The Bench headed by Chief Justice of India Dhananjaya Y Chandrachud further issued notice on another petition by an Indian national who registered Marriage in the US with a US citizen in June 2014, seeking to register their Marriage here in India.
As earlier on November 25 Supreme Court issued notices to the Attorney General of India with the Union Government on the plea granting legal recognition to the same sex marriage.
In 2018 Supreme Court decriminalized Section 377-Affirming Sexual autonomy as a fundamental right allowing consensual sex among homosexuals in a private space. Moving ahead in February 2021, Delhi HC responded to the PIL seeking marriage registration under the Hindu Marriage Act. The center said,” Personal private domain of individuals akin to the right to privacy and cannot include public right in the nature of recognition of same-sex Marriage and thereby legitimizing particular human conduct.” Also stated that it is the legislation domain to make laws considering ‘societal values’ and ‘national acceptability.
One of the petitions filed by a couple argued against the denial of the fundamental rights of the LGBQT+ individual to have the same right as their heterosexual people. The couple said that “the exercise of which ought to be insulated from the disdain of legislative and popular majorities.”
Petitions filed argue on the basis of Articles 14, 19, and 21 of the Constitution of India, which the Supreme Court had held are “guaranteed to LGBT and non-LGBT Indians with equal force,” demanding legal recognition to same-sex marriages under the Special Marriage Act.
In the US, President Joe Biden has just signed the Historic Same-sex marriage bill passed in Congress, making the Respect for Marriage Act a historic legislation requiring federal and state government to recognize same-sex and interracial Marriage and prevents it regardless of their individual laws on Marriage using “sex, race, national origin or ethnicity” of a married pair as a basis for denying them constitutional rights or protections.
The US overturned Roe v Wade, which provided the constitutional right to abortion, whereas in India Medical Terminationation Act amended the right t abortion as a part of reproductive rights and gender justice. With the Supreme Court taking charge, we can expect India to join among the contrived legalizing same-sex Marriage.