Tuesday, 30 June 2015

Same Sex Marriage | Homosexuality

Why in news?
The U.S. Supreme Court’s momentous verdict allowing same-sex marriages across that country sparked celebrations among the LGBT community and expressions of support from others. 

The Case: Obergefel V Hodges


  • A landmark case of US Supreme Court where it was held that same sex marriage is a fundamental right guaranteed by the fourteenth amendment to the US Constitution
  • The court has said that the ‘due process’ and ‘equal protection’ clauses in the 14th Amendment to the U.S. Constitution are as available to the gay community as anyone else when it comes to marrying a person of his or her choice, including of the same gender.

[Equality before law and Equal protection of laws (Indian Constitution): Watch this to understand these concepts]

Homosexuality and India
  • Indian law on homosexuality is retrograde. 
  • The SC's December 2013 judgment upholding Section 377 of Indian Penal Code, which seeks to punish “carnal intercourse against the order of nature”, continues to hold the ground.
  • The two-judge Bench held it was up to Parliament to decide whether to retain, amend or delete the section 
    • This has not been acted upon by the political leadership --> risk antagonising conservative sections of society
  • But judiciary should have done it themselves instead of leaving it to the legislature, as they were to uphold individual liberties and dignity.
[Source: The Hindu]

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