Supreme Court issues notice to Centre on plea for legal nod to same-sex union

Subject :Polity

Context:

The Supreme Court on Wednesday issued notice on a plea by a gay couple seeking legal recognition of their marriage in India.

More about the issue:

The plea was filed by a 46-year-old Indian national who got married to a US citizen in September 2010 in the US and registered their marriage in Pennsylvania, USA, in June 2014.
The duo’s attempts to get their marriage registered under theHindu Marriage Act, 1955, came to a naught as the Registrar of Marriages refused to grant their request.Moreover the Indian embassy in Washington DC, turned down the request to register the marriage under Foreign Marriage Act, 1969.

What is Same-Sex Marriage:

It is the practice of marriage between two men or between two women.
Same-sex marriage has been regulated through law, religion, and custom in most countries of the world.
As of 2022, marriage between same-sex couples is legally performed and recognized in more than 30 countries.Mexico was the most recent country to legalise it.

What is the legality of same-sex marriages in India:

The right to marry is not expressly recognized either as a fundamental or constitutional right under the Indian Constitution.
Though marriage is regulated through various statutory enactments, its recognition as a fundamental right has only developed through judicial decisions of India’s Supreme Court.Such declaration of law is binding on all courts throughout India under Article 141 of the Constitution.

What are some important Supreme Court Decisions:

In Shafin Jahan v. Asokan K.M. and others 2018, Supreme Court stated Marriage as a Fundamental Right. The right to marry is intrinsic to the liberty which the Constitution guarantees as a fundamental right, is the ability of each individual to take decisions on matters central to the pursuit of happiness.
In Navjet Singh Johar and others v. Union of India 2018 The Supreme Court held that members of the LGBTQ community are entitled, as all other citizens, to the full range of constitutional rights including the liberties protected by the Constitution and are entitled to equal citizenship and equal protection of law

What is The Special Marriage Act of 1954:

The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage for people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.
The couples have to serve a notice with the relevant documents to the Marriage Officer 30 days before the intended date of the marriage.
Applicability:
- Any person, irrespective of religion.
- Hindus, Muslims, Buddhists, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954.
- Inter-religion marriages are performed under this Act.
- This Act is applicable to the entire territory of India and extends to intending spouses who are both Indian nationals living abroad.
- Indian national living abroad.