LGBT

Homophobia across world

 Uganda’s new law punishes homosexuality including with death penalty

Same sex marriage:

 2000 – Netherlands made same sex marriage legal – first country

 India (1.4 billion nation) can become the second jurisdiction in Asia to recognize same sex marriage
 While most of the countries in Europe, Oceania and Americas have legalised same sex marriage, nations which
did the same in Asia and Africa were few
 Non recognition of same sex marriage amounted to discrimination that struck at the root of the dignity and self
fulfilment of LGBTQ couples
 Special Marriages Act 1954 should grant same sex couples the same protection it allowed intercaste and inter
faith couples who want to marry
 Making marriage between any two persons gender neutral
 Competing interests of the rights of a society to conseve traditions with all their infirmities and the right of an
individual to enjoy constitutional freedoms
 Issues faced by LGBT
o Right to marriage and family is inherent to right to life and dignity under Article 21
o Lack of recognition makes no civil rights such as property and succession
o Non recognition of same sex marriage amounted to discrimination that strikes at the root of dignity and
self fulfilment of LGBTQIA+
o They cannot adopt children or have a child by surrogacy
o They do not have automatic rights to inheritance, maintenance and tax benefits
o Nominees for insurance policies, opening bank accounts, filing tax jointly
o After a partner passes away, they cannot avail of benefits like pension or compensation
o In Sabarimala case, court held that religion must give way to constitutional morality
o Social or circumstantial infertility is not a bar on marriage
o Prevailing forms of alternate familial structures like hijara gharana, maitri karar
o Sexual orientation is an innate characteristic
 State cannot discriminate on that ground
o Not allowing same sex marriage would promote increase in lavender marriages
o India would push competent homosexuals to migrate abroad which would cause the nation economically
o 12 out of G20 countries and EU have permitted same sex marriages
o Same sex couples are not included in surrogacy and assisted reproduction laws
 Problems
o Centre’s affidavit states that same sex union was against the accepted view of marriage by the society
o Marriage being a sensitive societal issue must be debated in Parliament
o Will strike at the very root of familial system
o Religious leaders across faith oppose the plea for recognition
o Marriage necessitates procreation which is not possible in queer marriage
o It might have a psychological impact on children
o Centre has argued that same sex marriage as urban elitist concept
 Without reflecting the views of rural and majority population
 Significance
o Ensures gender equality
 Benefits of recognition of same sex marriages
o Tangible benefits
 Ability to open joint bank accounts
 Jointly buy or rent a property
 Jointly own and share financial assets
 Recognized as a relative under Indian Income Tax Act
 Access a spouse’s health and life insurance
  Inherit a spouse’s assets if one partner dies
o Intangible benefits
 Gaining legitimacy, respect and affection from society
 Being able to participate fully in all family events
 Marriage equality enhances family bonds and unity
 Way forward
o Requires deliberation at social level first as it demands alternation in construct of marriage
o Developing a provision for civil union and leaving legislature and society to evolve for greater acceptance
o Using labels such as contract and partnerships to describe same sex unions rather than marriage
o Conducting study to address concerns faced by community
o SC can play a facilitator role to bring down barriers faced by LBGT
o
 Rights activists call for awareness on sex, gender and constitutional rights from the school level to change things
on the ground
 Recent news
o Government is willing to form a committee headed by Cabinet Secretary
o To address genuine human concerns faced by same sex couples in their daily lives in areas such as bankin,
insurance

Special Marriage Act 1954

 The provision which mandate 30 day notice of intent to marry is anathema to privacy, dignity, personal autonomy
and choice
 The very object of the act is to protect couples. But this provision lay them open to invasion by society

Measures for inclusion

 Inclusive infra and sexuality sensitization

 Setting up universal restrooms