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The Court’s ‘no fundamental right to marry’ is wrongGS 2: Polity
Context
The Indian Supreme Court is wrong when it comes to same-sex relationships, holding that there is no basic right to marriage.
The Court's Marriage Rights Decision
· Fundamental Right to Marry: A recent Supreme Court decision that violates this fundamental right, especially for same-sex couples, has drawn criticism for possible infringement.
· Protection from Harassment: In spite of its limits, the court provides instructions, forms a committee for resolution, and requires protection for same-sex couples. reflects a thoughtful stance on LGBTQI rights.
· Correction Required: Although the court's protective measures are praiseworthy, the marriage right denial needs to be addressed. Does not honor India's adherence to the Universal Declaration of Human Rights.
Rights to Marriage
· Section 377 and Struggles: Notable examples, ranging from the Naz Foundation to Navtej Singh Johar, demonstrate the advancement of LGBTQI rights while underlining continuous difficulties.
· NALSA and Transgender Rights: NALSA acknowledged self-identification prior to Navtej Johar.
· The Significance of Marriage: In addition to being a legal document, marriage confers legitimacy in society, inheritance, and decision-making power. Denying this helps to perpetuate inequity and stigma towards same-sex couples.
Unintentional Repercussions
· Contradictions and Transgender Marriages: While acknowledging gender identity in its multifaceted form is important, restricting marriage rights based on biological sex is in conflict with this notion.
· Effects on Communities of LGBTQI: In addition to being discriminatory, denial perpetuates the idea that a person is unsuited for marriage, lowering one's social position.
· The function of international law Reevaluating Supriyo Chakraborty's incorporation of US jurisprudence while rejecting foreign legal theories in marital cases is necessary.
LTX Mains Question:
Q. Discuss the ramifications of the Supreme Court's decision, which invalidates India's basic right to marriage. What effect does this ruling have on the rights and social standing of LGBTQI communities, and how does global jurisprudence influence these issues?
{{Mounica Sukhavasi}}