Tag

Special Marriage Act

All articles tagged with #special marriage act

law2 years ago•2 min saved

Supreme Court reserves verdict on same-sex marriage legality.

The Supreme Court of India has reserved its verdict on petitions seeking legal recognition of same-sex marriage, after a 10-day hearing. The court reiterated that it cannot ask Parliament to make a law or enter the realm of policy making. The petitioners have sought legal recognition by rewording The Special Marriage Act (SMA), 1954, while the Centre has maintained that the matter is sensitive and is best left to the legislature. The court will decide whether a mere declaration by the court that same-sex couples have the right to marry would serve the purpose.

via The Indian Express|

#law #petitioners #same-sex-marriage

law2 years ago•4 min saved

Supreme Court and Celebrities Advocate for Same-Sex Marriage Legalization in India

The Supreme Court of India is considering the constructive interpretation of the Special Marriage Act to grant same-sex couples the same rights as heterosexual couples. The court cited the UK's 2004 landmark verdict in the Ghaidan vs Godin-Mendoza case, which led to the enactment of the Marriage (Same Sex Couples) Act, 2013. The petitioners are seeking a declaration that same-sex couples cannot be discriminated against by denying them the right to marriage and all consequential rights enjoyed by heterosexual couples. The court seemed to agree, stating that the decriminalisation of homosexuality in 2018 implicitly recognised that people of the same sex could be in stable relationships.

via Indiatimes.com|

#equality #law #lgbtqia-community

law2 years ago•6 min saved

India's ongoing debate on same-sex marriage in Parliament and the courts.

The Indian Supreme Court has observed that by decriminalising homosexuality in 2018, it recognised that same-sex couples could stay in a stable, “marriage-like” relationship. The court criticised the requirement under the Special Marriage Act to issue a 30-day public notice inviting objections to an intended marriage, calling the provision “patriarchal” and an invasion of privacy and right to marry a person of one’s own choice. The court will resume the arguments on April 24 when the petitioners have to conclude their submissions.

via Hindustan Times|

#law #lgbtq-rights #patriarchy