A five-judge Constitutional Tribunal has been constituted by the Supreme Court to hear a list of petitions arguing for legal recognition of same-sex marriage in India. Although the Supreme Court has repeatedly ruled that all adults have the right to marry whomever they choose, various advocates have made the same complaint that despite unions but they are not entitled to any of the rights that married couples have.
Before moving forward with the pleadings, let us understand the basic definition of LGBTQIA+ and more.
The term LGBTQIA+ is used to refer to all lesbian, gay, bisexual, transgender, queer, intersex, and asexual individuals. LGBT is an adaptation of the original term LGB, which began replacing the term homosexual (or gay and lesbian) to refer to the larger LGBT population in the mid to late 1980s. the individual represents a segment of people linked to the community, such as:
Lesbian: A woman who shows strong attraction, primarily to other women of the same sex, and identifies as part of the Lesbian community.
Gay: A person who shows strong sexual attraction to others mostly of their own sex or gender is called gay. This term is often connected with Men.
Bisexuality: The capacity to be sexually attracted to individuals of the other sex and/or gender, although perhaps not always at the same time, in the same way, or to the same degree.
Transgender: An umbrella term for people whose gender identity or expression does not correspond to the sex they were assigned at birth or is not accepted by mainstream society.
Queer: The term “queer” refers to gender and sexual identities that are not heterosexual or cisgender. Queer, originally meaning “strange” or “strange”, is used negatively to describe people with same-sex relationships or interests.
Intersex: A person is identified as intersex if they are born with the biological characteristics of both sexes. According to the Office of the United Nations High Commissioner for Human Rights, they “do not conform to typical binary concepts of male or female bodies.”
Asexuality: The lack of sexual attraction to others, as well as little or no interest or desire for sexual behavior, is called asexuality. It is both a spectrum and an identity. Asexual people are often called aces or just aces.
The list doesn’t end here. There are many more terms to refer to members of the pride community based on their sexual and physical orientation. Check out the full list below:
Non-binary: The term “non-binary” is commonly used to refer to a variety of non-binary identities and is used most often by people who do not identify strictly as “male” or “female “.
Pansexual: A person who is attracted to anyone, including those who do not identify with a particular gender, is called Pansexual. It is believed that this group of people is more interested in personality than gender.
Cisgender: Umbrella term for people whose gender expression and gender identity align with the sex assigned to them at birth and whose gender is affirmed by the dominant culture.
Biological sex: Assigned sex or Biological sex is the label (sex) you are given at birth based on medical factors, including hormones, chromosomes or your genitalia. Friend.
Gender Identity: An individual’s internal and unique experience of gender is their gender identity. It is believed that a person belongs to either gender, not both or somewhere in between. However, a person’s sex assigned at birth may or may not match their gender identity.
Gender identity: Gender identity is how a person sees themselves in terms of those they find romantically or sexually attractive. When someone chooses not to identify themselves by their sexual orientation, they may still have a sexual identity, which may also refer to their sexual orientation.
Ally: Ally is often called a friend, here it refers to someone who agrees and supports the goals of another person or group. More specifically, an outspoken ally is someone who supports the fight for equality and rights of the LGBTQIA+ community.
Heterosexual Privileges: The privileges and advantages that a person enjoys in society because of their perceived heterosexuality or their own heterosexuality, fall into this category.
Heterosexism or Heterosexuality: A system of beliefs, prejudices, and discrimination that favors relationships and sexuality between men and women is called heterosexism. It assumes that heterosexuality is the only acceptable norm and therefore it is superior and everyone is or should be heterosexual.
What is the new petition on same-sex marriage in India?
A five-judge Supreme Court Constitution Bench referred the petitions for recognition of same-sex marriage on March 13 to a bench chaired by Chief Justice of India DY Chandrachud.
Whereas, on April 17, 2023, the Central Government of India told the Supreme Court that the desire for legal recognition of same-sex marriage was merely an expression of “the views of urban elites ” aims to be accepted by society. And by approving same-sex unions, the court should not attempt to judicially establish a “new social institution.”
The argument further urged the justices to leave the matter to Congress to decide whether such a “marriage of another kind” was morally and religiously acceptable. They believe that the legislature should take into account the broader views and voices of rural, semi-rural and urban populations, religious sects, individual laws and customs, and the effects of gender contract to other laws governing marriage. On the contrary, the court will decide cases based only on petitions with “elitist views”.
Also Read:Who is Justice DY Chandrachud?
Ahead of the hearing in the same-sex marriage case before the Constitutional Court chaired by Chief Justice of India DY Chandrachud, the government filed this affidavit. They claim that the idea of marriage as an existing heterogeneous institution has the sanctity of law and religion. On the other hand, legalizing same-sex marriage could endanger children and “seriously affect the interests of all people”.
Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha sat on the bench assembled by Chief Justice of India (CJI) DY Chandrachud to hear the plea on same-sex marriage. And the Court has set April 18 as the date of final arguments in the case.
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Source: pagasa.edu.vn