Acceptance not limited to court
SAYAN BHATTACHARYA
ASSISTANT PROFESSOR, HARRIET TUBMAN DEPARTMENT OF WOMEN, GENDER AND SEXUALITY STUDIES, UNIVERSITY OF MARYLAND, US
The matter of marriage equality is still being heard at the Supreme Court (SC), but certain themes have emerged that offer indications about the road ahead.
The Centre has made clear its opposition to the inclusion of the LGBTQ+ community within the ambit of marriage. In a recent interview, Kiran Rijiju, Union Minister of Law and Justice, said marriage is an ancient institution that should be debated in Parliament by elected representatives and not in a court of law. The ruling Bharatiya Janata Party, in its petition to SC, says the court should invite all states as party to the matter if it proceeds with hearings. If such debates have not occurred so far, how likely are they to take place in the future?
The Centre’s position on marriage has been consistent since the decriminalisation of Section 377 in 2018. Solicitor General of India Tushar Mehta in the ongoing hearings has repeatedly pointed to the definition of man and woman based on biology, and this binary as the foundation of a Hindu marriage. This prompted Chief Justice D Y Chandrachud to say the “notion of a man and a woman is not an absolute based on genitals.”
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