SAME SEX MARRIAGE (Syllabus: GS Paper 2 – Social Issues)

Context: The Supreme Court agreed to consider a bundle of petitions seeking a reconsideration of its recent judgment.

• By a 3-2 majority, the recent judgment had refused to accord legal sanction to same-sex marriage, & also declined to grant constitutional protection to civil unions and adoption rights for queer couples

Earlier judgements of Supreme Court:

• In Shafin Jahan v. Asokan K.M. and others 2018: Sc declared marriage as a Fundamental Right. Referring to Universal Declaration of Human Right and the Puttaswamy case, the SC held that the right to marry a person of one’s choice is integral to Article 21.
• In Navjet Singh Johar and others v. Union of India 2018: SC accepted the LGBTQ Community entitled to all Constitutional Rights. In this case, SC decriminalised all consensual sex among adults, including homosexual sex.

Global position on same-Sex Marriage

• The Netherlands was the first country in 2001to legalise same-sex marriage by amending one line in its civil marriage law. 
• 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.