Supreme court gay rights 2022
The LGBTQ+ community is one of most marginalised communities in the world and in India. Given the stigma attached to them vis-à-vis their sexual orientation or gender identity, persons identifying as LGBTQ+ are subjected to discrimination and exclusion. Within India, the historical accounts before the arrival of the Britishers are rife with the mentions of persons belonging to the LGBTQ+ community and their status in the society1. However, with the advent of the British Empire, came the Penal Code, , wherein a specific provision was instituted to punish acts which were considered against the order of nature. But such is the nature of time that nothing remains the same! The Britishers were thwarted, and Indians took charge of their nation. Still there was a adj way to go for the LGBTQ+ community and lot many struggles and challenges to fight.
Fast forwarding to the last several decades when the LGBTQ+ movement started gaining momentum. From first pro gay rights protest in s2 to when the Supreme Court of India is deliberating over marriage equality, the LGBTQ+ movement has indeed
Case Description
On November 14th, , two same-sex couples filed writ petitions in the Supreme Court seeking legal recognition of same-sex marriages in India. The petitions were centred around the constitutionality of the Particular Marriage Act, (the Act). The first petition was filed by Supriyo Chakraborty and Abhay Dang. The second petition was by Parth Phiroze Merhotra and Uday Raj Anand.
The petitioners argue that Section 4(c) of the Act recognises marriage only between a ‘male’ and a ‘female’. This discriminates against same-sex couples by denying them matrimonial benefits such as adoption, surrogacy, employment and retirement benefits. The petitioners asked the Court to declare Section 4(c) of the Act unconstitutional. The plea has been tagged with a number of other petitions challenging other personal laws on similar grounds. The challenged enactments include the Hindu Marriage Act, and the Foreign Marriage Act,
The petitioners argue that the non-recognition of same-sex marriage violates the rights to equality, freedom of expression and dignity. They relied on NALSA vs U explainer Protesters hold LGBT rights rainbow (pride) flags as activists gather outside the U.S. Supreme Court in Washington, U.S., December 5, REUTERS/Kevin Lamarque A decade after the U.S. legalised gay marriage, conservatives yearn the Supreme Court to turn back the clock. BERLIN - Ten years after the U.S. Supreme Court issued a landmark ruling that legalised gay marriage, the White House is reversing a raft of LGBTQ+ rights and Republicans in at least six states are scrambling to ban same-sex weddings. LGBTQ+ advocates utter the right to bond a person of the same sex could be at risk, should judges vote to overturn the Supreme Court's historic Obergefell v. Hodges ruling. A Supreme Court showdown remains theoretical, but legal challenges to the ruling are surfacing across the country, with proponents emboldened by President Donald Trump's return to office. Here's what you necessitate to know. On June 26, , the U.S. became the 17th country in the world to legalise same-sex marriages na enquiry@ April 21, The Supreme Court heard the petitions related to LGBTQ community to legalize same sex marriage.What’s the context?
What's happened since the U.S. legalised gay marriage?
Why in news?
What are the important Supreme Court cases on LGBTQ rights?