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Business News/ News / Same-Sex Marriage Verdict: SC refuses to give marriage equality rights to LGBTQIA+ community in India
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Same-Sex Marriage Verdict: SC refuses to give marriage equality rights to LGBTQIA+ community in India

Same-Sex Marriage Verdict: The petitioners argued the same sex couples should be granted the same rights as any heterosexual couples like the status of spouse in finance and insurance issues; medial, inheritance, and succession decisions, and even in adoption and surrogacy matters.
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  • Same-Sex Marriage Verdict LIVE Updates: SC to deliver judgement todayPremium
    Same-Sex Marriage Verdict LIVE Updates: SC to deliver judgement today

    Same-Sex Marriage Verdict: The Supreme Court pronounced its verdict on the legal recognition of same-sex marriage today ie. on 17 October. The apex court had reserved its judgment on 11 May on a batch of pleas seeking legal validation for same-sex marriage. The five-judge Constitution bench that was hearing the pleas comprised Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha. During the course of hearings, the petitioners said that “India is a marriage-based culture" and that LGBT (lesbian, gay, bisexual, and transgender) couples should be granted the same rights as any heterosexual couples have, like the status of “spouse" in finance and insurance issues; medial, inheritance, and succession decisions, and even in adoption and surrogacy matters.

     

    17 Oct 2023, 10:39:06 AM IST

    Same-Sex Marriage Verdict LIVE Updates: What we know so far

    -The order on the same-sex marriage case was reserved on May 11 after counsels from all sides concluded their arguments.

    -The Constitution bench began the hearing on the matter on April 18 and the hearing went on for nearly 10 days.

    -SC has clarified that it will deal with the issue under the provisions of the Special Marriage Act and will not touch the personal laws on this aspect.

    -The Centre has opposed the plea and said that parliament and not the court, should consider the issue.

    -The Centre on April 18 had issued a letter to States, asking them to give their opinion on the issues relating to Same-sex marriage.

    -The states of Assam, Andhra Pradesh and Rajasthan have opposed the legal recognition of same-sex marriages in the country.

    17 Oct 2023, 10:36:56 AM IST

    Same-Sex Marriage Verdict LIVE Updates: ‘Very big day, we are waiting in anticipation of judgement’ Advocate Arundhati Katju

    Advocate Arundhati Katju also said that they are waiting in anticipation of the judgement of the Supreme Court.

    "It is a very big day and we are waiting in anticipation of the judgement of the Supreme Court. We've been waiting for this day for many years," Advocate Katju said as quoted by ANI.

    17 Oct 2023, 10:29:05 AM IST

    Same-Sex Marriage Verdict LIVE Updates: Netizens hope for a step forward from SC

    The Supreme Court of India is likely to pronounce its verdict on the legal recognition of same-sex marriage today, October 17, Tuesday. The top court had reserved its judgment on May 11 on a batch of pleas seeking legal validation for same-sex marriage. Read more here

    17 Oct 2023, 10:13:46 AM IST

    Same-Sex Marriage Verdict LIVE Updates: Petitioners hope for positive judgment

    One of the petitioners of LGBTQI marriage, Akkai Padmashali says, "...The resistance from the heterosexual people, not all, but almost everyone was objecting to marriages of LGBTQI…today the whole country is set to hear the judgement...people’s eyes are on the Supreme Court. I identify myself as a woman and if I want to marry a man with his consent then what is the business of society in this?..people have the right to make their own choices when it comes to marriage...I hope the judgement won’t be disappointing"

    17 Oct 2023, 10:10:35 AM IST

    Same-Sex Marriage Verdict LIVE Updates: Supreme Court judgment to be announced shortly

    If the Supreme Court rules in favor of the plaintiffs, India will supplant the US as the most populous nation to extend marriage rights to the LGBTQ community. As of now, Taiwan and Nepal are the only Asian jurisdictions among more than 30 worldwide that permit same-sex marriage, and India’s case is being closely watched in other parts of the region.

    17 Oct 2023, 09:29:51 AM IST

    Same-Sex Marriage Verdict LIVE Updates: Will SC announce historic judgment today?

    According to News18 report, the bench could: 

    Declare same-sex marriages to be legal under the Special Marriage Act;

    Disregard personal laws, or 

    Form a special committee and refer the matter to Parliament.

    17 Oct 2023, 09:25:22 AM IST

    Same-Sex Marriage Verdict LIVE Updates: Supreme Court verdict at 10:30 am

    As per Live Law report, CJI Chandrachud-headed bench will deliver its verdict at 10:30 am. 

    17 Oct 2023, 08:45:29 AM IST

    Same-Sex Marriage Verdict LIVE Updates: All you need to know about Supreme Court's 5 bench judges

    The Supreme Court is likely to pronounce its verdict on the legal recognition of same-sex marriage today ie. on 17 October. The apex court had reserved its judgment on 11 May on a batch of pleas seeking legal validation for same-sex marriage. The 5 bench judges are hearing the petitions - Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha. Here's all you need to know about the judges

    17 Oct 2023, 08:37:11 AM IST

    Same-Sex Marriage Verdict LIVE Updates: Who are the petitioners for Same Sex Marriage?

    Petitioners through senior advocates including Mukul Rohatgi, Abhishek Manu Singhvi, Raju Ramachandran, Anand Grover, Geeta Luthra, KV Viswanathan, Saurabh Kirpal, and Menaka Guruswamy have stressed on the equality rights of the LGBTQIA+ community.

    17 Oct 2023, 08:35:04 AM IST

    Same-Sex Marriage Verdict LIVE Updates: What happens next legal recognition is granted?

    If legal recognition is granted, the ruling will bring about significant changes in the largely conservative Indian society, as family laws may need to be redefined.

    17 Oct 2023, 08:34:34 AM IST

    Same-Sex Marriage Verdict LIVE Updates: Government on Same sex marriage

    The Indian government has opposed these appeals, calling them "urban elitist views" and stating that the parliament is the right platform to debate the matter.

    It has also said that such marriages are not "comparable with the Indian family unit concept of a husband, a wife and children."

    Members of India's lesbian, gay, bisexual, transgender, and queer community (LGBTQ) say they face discrimination despite the 2018 judgement, and that the absence of legal backing for same-sex marriages violates their constitutional rights.

    17 Oct 2023, 07:58:32 AM IST

    Advocate Karuna Nundy ahead of SC's judgement 

    Ahead of SC's Judgement on same-sex marriage, Advocate Karuna Nundy said, "I see queer persons, lesbian, gay, transgender people, intersex people, asexual people, as citizens of this country, as human beings on this planet. We all come with certain rights. Tomorrow we shall see whether the court recognises the right to marry, the right to choose the person that we love or not. Let us see what happens. We have worked very hard. The struggle has been there for a long time. And regardless of what happens tomorrow, the struggle will continue. But we shall hope for the best," as quoted by ANI.

    17 Oct 2023, 07:51:39 AM IST

    What does LGBTQIA stands for ?

    LGBTQIA  - lesbian, gay, bisexual, transgender, queer/ questioning, intersex, pansexual, two-spirit, asexual and ally persons.

    17 Oct 2023, 07:50:20 AM IST

    Same-Sex Marriage Verdict LIVE Updates: A look at SC's last hearing 

    While hearing the matter on May 11, the bench had observed it cannot give a declaration on same-sex unions on the anticipation as to how Parliament is likely to respond to it.

    The bench made the observation after one of the advocates appearing for the petitioners referred to judicial verdicts, including in the instant triple talaq case, and said once the top court gave a declaration to pass a law penalising the practice, it was a matter for "fairly easy legislative consensus".

    The bench had made it clear during the arguments that it will not go into personal laws governing marriages while deciding the pleas seeking judicial validation for same-sex marriages and said the very notion of a man and a woman, as referred to in the Special Marriage Act, is not "an absolute based on genitals".

    Some of the petitioners had urged the apex court to use its plenary power, "prestige and moral authority" to push the society to acknowledge such a union which would ensure LGBTQIA lead a "dignified" life like heterosexuals.

    17 Oct 2023, 07:34:15 AM IST

    Same-Sex Marriage Verdict LIVE Updates: Asia Countries where Same-Sex marriage is legal?

    As of now, Taiwan and Nepal are the only Asian jurisdictions among more than 30 worldwide that permit same-sex marriage, and India’s case is being closely watched in other parts of the region. Everywhere else the approach to same sex marriage within the Asian diaspora is conflicted.

    A Bloomberg article had earlier confirmed that Hong Kong doesn’t allow same-sex marriage at home but will grant dependent visas to same-sex spouses of expatriate workers, for example. Thailand is inching toward recognition for civil unions.

    Other places have become more restrictive: Indonesia, which doesn’t recognize gay marriage, recently banned all extra-marital sex; Singapore’s parliament passed a law lifting a ban on sex between men but has blocked a path toward marriage equality

    17 Oct 2023, 07:28:45 AM IST

    Same-Sex Marriage Verdict LIVE Updates: List of countries where same-sex marriages are legal

    Costa Rica (2020), Northern Ireland (2019), Ecuador (2019), Taiwan (2019), Austria (2019), Australia (2017), Malta (2017), Germany (2017), Colombia (2016), United States (2015), Greenland (2015), Ireland (2015), Finland (2015), Luxembourg (2014), Scotland (2014), England and Wales (2013), Brazil (2013), France (2013), New Zealand (2013), Uruguay (2013), Denmark (2012), Argentina (2010), Portugal (2010), Iceland (2010), Sweden (2009), Norway (2008), South Africa (2006), Spain (2005), Canada (2005), Belgium (2003), The Netherlands (2000). Countries that allow same-sex marriage in some jurisdictions--Mexico (2009)

    17 Oct 2023, 07:18:18 AM IST

    Same-Sex Marriage Verdict LIVE Updates: 'Hope judgement is in our favour': Kolkata gay couple ahead of SC's ruling

    As the Supreme Court is set to deliver its judgment on various petitions pertaining to marriage equality rights for the LGBTQIA community today, a gay couple from West Bengal's Kolkata expressed their hope for a verdict in favour of their community.

    "I hope that this verdict is passed in our favour. Once the law is passed people will be able to share about this easily without any hesitation," Abhishek Ray, who tied the knot with Chaitanya Sharma last year, said while speaking to ANI on Monday.

    17 Oct 2023, 07:16:11 AM IST

    Same-Sex Marriage Verdict LIVE Updates: What were the government's arguments?

    Centre government had opposed the petition. The Centre told the Supreme Court that any constitutional declaration made by it on pleas seeking legal validation for same-sex marriage may not be a "correct course of action" as the court will not be able to foresee, envisage, comprehend and deal with its fallout, PTI reported. The Centre also told the Supreme Court that it had received responses from seven states on the issue of same-sex marriage and the governments of Rajasthan, Andhra Pradesh and Assam had opposed the petitioners' contention seeking legal endorsement for such wedlock.

    17 Oct 2023, 07:15:35 AM IST

    Same-Sex Marriage Verdict LIVE Updates: What were the arguments of the petitioners?

    During the course of hearings, the petitioners said that “India is a marriage-based culture" and that LGBT (lesbian, gay, bisexual, and transgender) couples should be granted the same rights as any heterosexual couples have, like the status of “spouse" in finance and insurance issues; medial, inheritance, and succession decisions, and even in adoption and surrogacy matters. The petitioners sought recognition under the Special Marriage Act, as well as the Foreigners Marriage Act, in cases where one of the partners is a foreigner. The petitioners cited provisions of the Indian Constitution, the Human Rights Declaration of the United Nations, as well as various international conventions and laws passed in several other countries giving equal rights to the LGBT community.

    The Delhi Commission for Protection of Child Rights (DCPCR), through an intervention application, also advocated for the recognition of same-sex marriage citing the impact of such marriages on children.

    17 Oct 2023, 07:13:57 AM IST

    Same-Sex Marriage Verdict LIVE Updates: Supreme Court to pronounce verdict on validity of same-sex marriage today

    The Supreme Court is likely to pronounce its verdict on the legal recognition of same-sex marriage on Tuesday. The apex court had reserved its judgment on 11 May on a batch of pleas seeking legal validation for same-sex marriage.

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