Homosexual Marraiges

Homosexual Marraiges

Why in news : Recently, the Supreme Court sought the government’s response to allow solemnisation of same-sex marriage under the Special Marriage act, 1954.

Special Marriage Act of 1954 :

  • The Special Marriage Act of 1954 provides a civil form of marriage for couples who cannot marry under their personal laws.
  • This act is applied mostly when the marriage is inter-religion.
  • This act is applicable to entire territory of India and it also extends to the intending spouses who are Indian nationals living in other countries.

Special marriage act, the act for inter- religious marriages

Requirements to apply for marriage under this act :

  • The marriage under this act is a civil contract and there should not be any rites.
  • The parties have to file a Notice of Intended Marriage atleast 30 days in prior advance in the specified form to the Marriage Registrar of the district in which at least one of the parties resides.
  • After the completion of 30 days of the notice given, the marriage may be solemnised, unless it has been objected to by any person.

Supreme court judgement in Navtej Johar case, 2018 : 

  • A constitution bench gave judgement in Navtej Johar case, 2018 which decriminalised all consensual sex among adults, including homosexual sex.

  • The Supreme Court of India unanimously held that Section 377 of the Indian Penal Code, 1860, which criminalized consensual sexual conduct between adults of the same sex as unconstitutional.
  • The petition, filed by dancer Navtej Singh Johar, challenged Section 377 of the Penal Code on the ground that it violated the constitutional rights to privacy, freedom of expression, equality, human dignity and protection from discrimination.
  • The Court declared that discrimination on the basis of sexual orientation was violative of the right to equality, that criminalizing consensual sex between adults in private was violative of the right to privacy.

Syllabus : mains ; GS 2 – Governance (various Supreme court judgements and various laws)

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