Context: The Supreme Court will recently announce its decision on legal recognition for same-sex marriages, following a 10-day hearing by a five-judge Constitution bench presided over by CJI of India.
While the petitioners have sought legal recognition by re- wording The Special Marriage Act (SMA), 1954, the Centre has maintained that the matter is sensitive and is best left to the legislature.
Same-Sex Marriage
Marriage between two men or two women is the practice known as same-sex marriage.
In most countries worldwide, laws, religious beliefs, and customs have regulated same-sex marriage.
Over 30 countries legally perform and recognize marriages between same-sex couples as of 2022.
Mexico is the most recent country to legalize same-sex marriage.
The right to marry is not expressly recognized either as a fundamental or constitutional right under the Indian Constitution.
Special Marriage Act, 1954
It is an Indian law that establishes a legal framework for marriages between individuals of diverse religions or castes.
It primarily regulates civil marriages, with the state's endorsement rather than religious institutions.
In India, the legal recognition of both civil and religious marriages mirrors the provisions of the UK's Marriage Act of 1949.
Applicability: The Act is applicable to individuals of all faiths, encompassing Hindus, Muslims, Sikhs, Christians, Jains, and Buddhists, throughout India.