In recent years, same-sex marriage has gained attention. As a matter of right, homosexual people want to be able to marry the person they love and at the same time be treated equally in terms of pension benefits, taxes, inheritance rights, adoption rights.. as well as be entitled to receive the same benefits from the government as everyone else.
However, this case has various nuances in a democratic and diverse country like India. Here's what you need to know.
Point 2 of the article 26 of our constitution states -
‘The right to manage its own affairs in the matter of religion’
Every religion has the right to manage its own affairs in the matter of religion.
India is the only country which gives each religion the right to follow and preach their religion according to their holy book.
So this gives us nuance number 1.
There are religions whose holy books prohibit same-sex marriages. As a result, the court cannot compel them to comply. UCC is the time of the hour.
Uniform civil code - A formulation of one law for the entire country which could be applicable for all religious communities, in case of marriage, divorce, adoption, inheritance .
Only under the UCC can we accommodate such a request, because we have 8 main religions in our country and each have their own holy book. In order for same- sex marriage to be legal we would have to form a way to unify all the laws which is only possible under the UCC.
According to many people, India is known for its family system and its cultural values.. The fact that same sex marriage could be legal might destroy that. This is an issue raised by many people including the central government.
Adoption is complex in cases like these. There are people who claim that the love of both the parents of different sex(s) cannot be expressed.. But at the same time - single parents do exist hence it's arguable.
And the willingness of a child to join a family with parents of the same sex, which is a valid point which should be looked into by the supreme court of india.
Overall it's a complex issue and it needs to be bound by a common law, only then, will it be followed by every religion and community in our country. While our family system has been built over a period of hundreds of years, we also need to understand that as generations pass, changes are bound to happen.
We should allow changes to take place, but with proper legal procedures without hurting the sentiments of people.
The honorable supreme court of India is hearing this case on the 15th of April.
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