Connect with us

India

SC Decision: Same-Sex Marriage Left to Parliament

SC denies legal recognition to same-sex marriages. Chief Justice Chandrachud cites need for legislative change, emphasizes queer rights.

Published

on

SC Decision: Same-Sex Marriage Left to Parliament
(Representational Image)

A Constitution bench comprising five judges at the Supreme Court declined to bestow official recognition on same-sex marriages. Chief Justice of India, D. Y. Chandrachud, who presided over the bench’s deliberations, announced the verdict on 21 petitions seeking legal endorsement for same-sex marriages. He emphasized the court’s role as one of interpretation, not legislation, and suggested that the onus to amend the Special Marriage Act rested with Parliament.

Justice Chandrachud noted that the bench had rendered four separate judgments on the matter, with Justices Sanjay Kishan Kaul, S. Ravindra Bhat, and P. S. Narasimha contributing their perspectives. Justice Hima Kohli was also part of the five-judge panel. The Chief Justice, while directing the central government and state authorities to prevent discrimination against the LGBTQ+ community, asserted that queerness is a natural phenomenon with historical roots and is not confined to urban or elite settings.

Justice Kaul expressed his agreement with the Chief Justice’s stance on granting certain rights to queer couples, emphasizing the need to view non-heterosexual and heterosexual unions as two sides of the same coin. Justice Bhat, in delivering the operative portion of his verdict, expressed agreement on certain points while differing on others.

Chief Justice Chandrachud reaffirmed that the authority to alter the Special Marriage Act lies with Parliament and not the court, as the court’s role is limited to interpreting the law. He underscored that Solicitor General Tushar Mehta had pledged the government’s formation of a committee to determine the rights and entitlements of individuals in queer unions.

Furthermore, the Chief Justice directed authorities to raise awareness about queer rights and ensure that intersex children are not subjected to sex-change operations before they can fully comprehend the consequences. He also mandated a preliminary inquiry by the police before registering an FIR against queer couples regarding their relationship.

Justice Chandrachud asserted that homosexuality and queerness are not exclusive to urban spaces and are not limited by caste or class boundaries. He argued against the notion that marriage is a static and unchanging institution, contending that the freedom to choose a life partner is intrinsic to the right to life and liberty under Article 21 of the Constitution.

Recognizing such unions is vital, he added, and failing to do so would be discriminatory. The Chief Justice stressed that all individuals, including those who identify as queer, have the right to assess the moral quality of their lives, and the law should not discriminate against queer couples by assuming that only heterosexual couples can be good parents.

The verdict was delivered following a ten-day hearing that concluded on May 11. During the arguments, the central government expressed concerns about the potential consequences of a constitutional declaration on same-sex marriage petitions.

The Supreme Court had clarified that it would not delve into personal laws governing marriages while deciding on the petitions seeking judicial validation for same-sex marriages, asserting that the definition of “a man and a woman” in the Special Marriage Act was not strictly based on gender.

Some of the petitioners had urged the court to leverage its authority and prestige to encourage society to recognize such unions, which would enable LGBTQIA++ individuals to lead dignified lives, akin to their heterosexual counterparts.

LGBTQIA++ encompasses lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual, and ally persons. On May 3, the central government pledged to establish a committee led by the cabinet secretary to address the humane concerns of same-sex couples without delving into the legal aspects of their marriages. On April 27, the court questioned whether social welfare benefits, such as joint bank accounts and nominations in provident funds and pension schemes, could be extended to same-sex couples without legalizing their marriages.

India

AP CM Issues Cyclone Alert: Urgent Preparations and Relief Measures Underway

Cyclone Alert: CM Jagan Reddy directs high alert as Bay of Bengal’s low pressure escalates into a cyclonic storm.

Published

on

AP CM Issues Cyclone Alert: Urgent Preparations and Relief Measures Underway
(Photo for representational purpose only – credit: Twitter)

Andhra Pradesh Chief Minister Y. S. Jagan Mohan Reddy issued a directive on Saturday, urging officials to remain on high alert in anticipation of a low-pressure system over the Bay of Bengal transforming into a cyclonic storm.

The Chief Minister was apprised that the cyclone is anticipated to make landfall between Nellore and Machilipatnam on December 4, progressing northward.

To mitigate the impact, the Chief Minister instructed cyclone-affected district collectors and disaster management officials to prepare for relief and rescue efforts. They were tasked with restoring power lines and transportation facilities in affected areas, and relocating people from coastal regions to safer locations, organizing relief camps, and ensuring adequate stocks of essential supplies such as milk, drinking water, and food.

Responding promptly to the Chief Minister’s directives, the government allocated Rs 2 crore to Tirupati district and Rs 1 crore each to SPSR Nellore, Prakasam, Bapatla, Krishna, West Godavari, Dr BR Ambedkar Konaseema, and Kakinada districts for relief measures.

The Indian Meteorological Department (IMD) issued a cyclone alert for Andhra Pradesh and the adjacent North Tamil Nadu-Puducherry coasts. According to the IMD, as of 0600 UTC on December 2, a deep depression over the southwest Bay of Bengal was centered approximately 540 km southeast of Nellore, 650 km south-southeast of Bapatla, and 650 km south-southeast of Machilipatnam. The depression is expected to intensify into a cyclonic storm over the next 24 hours and cross the south Andhra Pradesh coast between Nellore and Machilipatnam around 0600 UTC on December 5.

Chief Secretary K. S. Jawahar Reddy, during a video conference with district collectors, emphasized the need for preparedness to address any situations arising from the cyclone. District collectors were instructed to take precautionary measures to prevent loss of life and minimize property damage.

As the cyclone approaches, heavy to very heavy rains are predicted for the next three days in Tirupati, Nellore, Prakasam, Bapatla, Krishna, West Godavari, Konaseema, East Godavari, Kakinada, and Anakapalli districts. The Chief Secretary urged district collectors to ensure that fishermen do not venture into the sea during this period and to caution those already at sea to return.

Continue Reading

India

Mizoram Vote Count Moved to December 4th: Election Commission

The (ECI) rescheduled the Mizoram assembly election vote count to December 4 (Monday) from the initial date of December 3 (Sunday).

Published

on

Mizoram Vote Count Moved to December 4th: Election Commission
Photo:-indiatoday.in

The Election Commission of India (ECI) made an official announcement on Friday, revealing a change in the schedule for counting votes in Mizoram‘s state assembly elections. The counting, initially slated for December 3 (Sunday), will now take place on December 4 (Monday).

Mizoram, along with Rajasthan, Madhya Pradesh, Chhattisgarh, and Telangana, participated in the electoral process last month. While the results for the other four states are set to be disclosed on Sunday, Mizoram’s counting has been rescheduled to the following day.

The decision by the ECI to shift the counting date was prompted by requests from civil society organizations within Mizoram. These groups emphasized that Sunday holds special significance for the state’s predominantly Christian population. The ECI acknowledged receiving multiple representations urging the change and subsequently decided to amend the date.

In a press release, the ECI stated, “The Commission has received several representations from various quarters requesting a change in the date of counting from 3rd December, 2023 (Sunday) to some other weekday, citing the special significance of 3rd December, 2023, being a Sunday for the people of Mizoram. The Commission, having considered these representations, has decided to revise the date of counting for the General Election to the Legislative Assembly of Mizoram from 3rd December, 2023 (Sunday) to 4th December, 2023 (Monday).”

Earlier on the same day, the Mizoram NGO Coordination Committee (NGOCC) staged protests across the state advocating for the change in date, as reported by PTI. The NGOCC, serving as the umbrella organization for major civil society groups and student bodies in the state, expressed dissatisfaction with the ECI’s initial silence on the matter despite repeated appeals from political parties, churches, and NGOs for rescheduling the counting date.

Voting in Mizoram occurred on November 7, with a noteworthy 80.43% voter turnout. The outcomes of these five assembly elections are anticipated to set the tone for the 2024 general elections, projected to take place in April-May 2024.

Continue Reading

India

‘People got access to basic facilities after 2014’: Amit Shah slams previous govts in Gujarat rally

During his two-day Gujarat visit, Amit Shah vehemently criticized past governments.

Published

on

'People got access to basic facilities after 2014': Amit Shah criticizes past govts at Gujarat rally.
Photo: Union Minsiter Amit Shah

During a two-day visit to Gujarat, Union Minister Amit Shah launched a strong critique of previous governments, asserting a transformative shift in India’s trajectory before and after 2014. Speaking at a public gathering during the “Bharat Sankalp Yatra” in Chanduwav village, Gir Somnath district, Shah asserted that pre-2014, a significant portion of the population lacked access to basic necessities.

Addressing the crowd, Shah highlighted the stark divide, stating, “There were two Indias until 2014. The first comprised 70 crore people devoid of essentials such as gas, drinking water, toilets, electricity, housing, and even struggled for free food grains. India was distinctively different back then.”

Attributing the positive shift to the Modi government‘s initiatives, Shah outlined, “In 2014, the Modi government made crucial decisions, ensuring every household had a bank account, a gas cylinder, a toilet, and access to tap water. A comprehensive plan was put in place to cover all medical costs up to five lakhs per person. Furthermore, each individual would receive five kilograms of free grains, a transformative step benefiting seventy crore people.”

Criticizing previous administrations, Shah remarked, “After 75 years of independence, while countries like Russia, China, Japan, and Germany have made significant progress, India must introspect on its current position. As we approach the centenary of independence, our resolve should be to make India a global leader in every field.”

Emphasizing the role of citizens in India’s development, Shah asserted, “No government, be it state or central, can solely make India first and developed in all sectors. The responsibility lies with 130 crore Indians. This Yatra aims to reach every village, bringing equality and development to over 70 crore Indians.”

Shah outlined two facets of a developed India, stating, “A developed India envisions safety, prosperity, the world’s best education system, global production dominance, and superior roads, infrastructure, and railways. Simultaneously, a developed India ensures every citizen has a home, drinking water, gas, toilet, health facilities up to five lakhs, and five kilos of free grains monthly.”

In conclusion, Amit Shah reiterated the transformative journey India has undertaken since 2014, emphasizing the collective responsibility of its citizens in achieving comprehensive development.

Continue Reading

Trending