Setback for Same Sex Marriages.

Sutapasima thumbnail
Posted: 2 years ago
#1

Society has to accept the marriage first I feel, just passing a law might not be sufficient. It’s a social movement, not just a legal matter.

https://indianexpress.com/article/india/cant-ask-parliament-to-make-a-law-sc-reserves-verdict-on-same-sex-marriage-8604799/



https://legal.economictimes.indiatimes.com/news/litigation/sc-reserves-judgment-on-same-sex-marriage/100161471



Edited by Sutapasima - 2 years ago

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566912 thumbnail
Posted: 2 years ago
#2

Society doesn’t evolve in a day or a week or year. It takes at least 2 generations to see an actual change. you can’t expect 50-60 years old uncle aunties to suddenly shower you with acceptance about same-sex marriage.

And for same - sex marriage act, India first needs a Universal Marriage act. Not different rules for different religions at their whims and fancies.

Let’s just look at this objectively and accept that legalizing Same-sex Marriage in India is difficult and will take years to be accepted.

Good thing is though, we have decriminalized article 377 and that’s a huge step forward.

Sutapasima thumbnail
Posted: 2 years ago
#3

Yeah I agree with you @NimbuMirchi

A few more generations are needed to change the mindset of society and unless social acceptance is there nothing helps .

Just a few days back at Bareilly a widow 36 yrs old , mother of two, was shamed, molested and tied to a tree and mercilessly beaten for planning to marry again. I was horrified to read the newspaper report 😭


heavenlybliss thumbnail
Posted: 2 years ago
#4

Times have changed now. Society is more accepting of homosexual marriages than heterosexual marriages.😆

You can see the decline rate of marriages over the years, and how divorces are increasing. Homosexual couples tend to be happier and more satisfied.

SoupyTwist thumbnail
Posted: 2 years ago
#5

This is a bummer. From the way CJI was speaking, I had hoped there would be some positive strides.

Waiting for society's mindset to change should not be the prerequisite for lawmaking. A few years ago divorce was still frowned upon in Indian society but now it is accepted widely.

Who's to say legalizing same-sex marriage wouldn't have gone a long way in influencing society's mindset toward such marriages?

The fact is LGBTQ+ people exist in society and the laws are discriminatory towards them. Merely recognizing their existence does not make it equitable for them. I fail to understand the Centre's argument against this citing that marriage is not a fundamental right.

Judiciary was the only hope for them to overrule Legislation. The legislation will never allow it to happen. 😒


But I thought the court is reconvening after the break? So this is not the final judgment, right?

Sutapasima thumbnail
Posted: 2 years ago
#6

Originally posted by: la_Reine

Times have changed now. Society is more accepting of homosexual marriages than heterosexual marriages.😆

You can see the decline rate of marriages over the years, and how divorces are increasing. Homosexual couples tend to be happier and more satisfied.

I have no idea so want to know if this same sex marriages that the Judiciary was discussing … was it covering all religions ?
I want to know if the couples would have to go for exclusive court marriages, right ? As of today, no Pandit ji , or Qazi or Pastor would be ready to solemnise same sex marriage .. or is it ?
I agree if the law was passed, life would be easier for such couples.

Sutapasima thumbnail
Posted: 2 years ago
#7

Originally posted by: LizzieBennet

This is a bummer. From the way CJI was speaking, I had hoped there would be some positive strides.

Waiting for society's mindset to change should not be the prerequisite for lawmaking. A few years ago divorce was still frowned upon in Indian society but now it is accepted widely.

Who's to say legalizing same-sex marriage wouldn't have gone a long way in influencing society's mindset toward such marriages?

The fact is LGBTQ+ people exist in society and the laws are discriminatory towards them. Merely recognizing their existence does not make it equitable for them. I fail to understand the Centre's argument against this citing that marriage is not a fundamental right.

Judiciary was the only hope for them to overrule Legislation. The legislation will never allow it to happen. 😒


But I thought the court is reconvening after the break? So this is not the final judgment, right?

I agree, I was thinking this judgement would see the light of the day finally…. from the initial words of CJI on how a child needs love and care for having a happy childhood n not be affected by the anatomy of a persons genitalia .. or something on similar lines he declared .. I read in the newspapers few days back .

heavenlybliss thumbnail
Posted: 2 years ago
#8

Originally posted by: Sutapasima

I have no idea so want to know if this same sex marriages that the Judiciary was discussing … was it covering all religions ?
I want to know if the couples would have to go for exclusive court marriages, right ? As of today, no Pandit ji , or Qazi or Pastor would be ready to solemnise same sex marriage .. or is it ?
I agree if the law was passed, life would be easier for such couples.

It depends on the culture and religion. Pakistan would never allow it nor any Muslim country, because it's haraam in our religion. I have actually never ever seen a Muslim or Pakistani homosexual couple tbh, but there probably are a few. I do see India accepting this and it becoming a norm in the near future though. Majority of Western countries have already accepted it.

Delusional_Minx thumbnail
Posted: 2 years ago
#9

The decision/ruling shall come after the summer break, i.e. around June July. It is going to be a positive one. We are hoping there will be a change in the SMA (special marriage act).


Please correct the title, it is not same sex marriage, it is marriage equality. Both are different and using correct terminology is important. Not all queer couples are homo/hetero.

Sutapasima thumbnail
Posted: 2 years ago
#10

https://legal.economictimes.indiatimes.com/news/litigation/sc-reserves-judgment-on-same-sex-marriage/100161471


https://www.hindustantimes.com/india-news/sc-reserves-verdict-on-pleas-seeking-legal-recognition-for-same-sex-marriage-101683803169216.html


https://www.thestatesman.com/india/same-sex-marriage-sc-reserves-verdict-1503180475.html


Originally posted by: Satrangi_Curls

The decision/ruling shall come after the summer break, i.e. around June July. It is going to be a positive one. We are hoping there will be a change in the SMA (special marriage act).

I hope something to help such people is the final outcome

Please correct the title, it is not same sex marriage, it is marriage equality. Both are different and using correct terminology is important. Not all queer couples are homo/hetero.

I was just saying what all the leading dailies have headlined .. it’s not my creation dear .


Edited by Sutapasima - 2 years ago

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