Controversy of same sex marriage: Marriage cannot take place in homosexual relationships, big decisi

Controversy of same sex marriage: Marriage cannot take place in homosexual relationships, big decision of the Supreme Court. Same sex marriage is okay but marriage is not acceptable.

 On May 11, a bench of five judges in the Supreme Court had reserved its decision on same-sex marriage, but now after 160 days, the decision on this has been given in which a total of 4 judgments and opinions of judges came out. A big Supreme Court decision regarding this. Has given on gay that this gay marriage cannot be recognized and has refused to recognize the marriage. CJI has called this a matter within the jurisdiction of Parliament, although the court has said in the decision to give many types of rights to gay couples.

 Talks about the Supreme Court's decision.

 The Constitution Bench of Chief Justice DY Chandrachud, Justice Hima Kohli, Justice Sanjay Kishan Kaul, Justice Ravindra Bhatt and Justice PS Narasimha heard this case and gave its verdict, during which Supreme Court lawyer Virag Gupta told 5 important things about this decision. Told that

 1. In all the religions in India like Hindu, Sikh, Jain, Christian etc., laws have been made by the Parliament for marriage in all these religions. And

 Marriages of all religions have been taking place according to their customs and a special marriage law has been made for marrying people from one religion to another religion, under which registration of same sex marriage has been demanded. Regarding this, the Supreme Court says that the law Parliament has the right to amend the Constitution, hence the main demand of the petitioners has been rejected by all the judges by majority decision.

 2. In view of the affidavit given by the Central Government, the Supreme Court has asked to form a high-powered committee to solve the problems related to homosexuals, but there was a difference of opinion among the 5 judges of the Constitution bench regarding giving it civil rights. Is.

3. Although all the judges believe that transgenders have the right to marry and according to this decision, homosexuals also have the freedom to have their own partners, but doing so requires changing the law to implement the rights for transgenders. will be. For example, the decision of minority to give rights like bank account, pension, ration etc. cannot be considered as the law of the country under Article 141 of the Constitution. However, an attempt can be made to put pressure on them to implement them through administrative orders.

 4. According to Articles 14, 19 and 21 of the Constitution of India, the citizens of India have to be given the right to life and equality and there cannot be any discrimination against their rights. As far as the minority decision is concerned, the Supreme Court has given the right to life and equality to the citizens of India. Many instructions have also been given that there cannot be any kind of coercion against gay couples. If an FIR is to be filed against them, it will be necessary to conduct a preliminary investigation.

 5. In India, a legal system has not been made to give live-in status to gay couples because if this happens, there can be chaos in the rest of the marital and social system and if this happens, then after this decision, equal citizens will not be able to live. Implementing the code will become a big challenge.

Demand for gay marriage.

 There are two examples in front of you of marrying a homosexual. First, you are admitted to the hospital in an unconscious state and the doctor wants the signature of a family member before treating you, then your signature is not accepted because you are not married.

 Secondly, you are going to buy a house to live together in a housing society but you are refused saying that you are not married.

 The thing is that after marriage, one gets all such privileges, rights and social recognitions, but marriage of same sex couples is not legal in India and they are always deprived of it. Two petitions were filed in the Delhi High Court to recognize same sex marriage.

 The Supreme Court has called up all the petitions related to gay marriage and petitioners Supriyo Chakraborty and Abhay Dang say that they both have been living as a couple for 10 years and want to get married, on the other hand, petitioners Parth and Uday Raj have been in relationship for 17 years. And he wants to legalize gay marriage.

 What is the basis for recognition of same sex marriage?

 Actually, there are 34 countries which have given legal recognition to sex marriage and America was one such country whose state issued marriage license to same sex couple for the first time. In America, same sex got legal recognition in 2015.

The Netherlands was the first country in the world to legalize same-sex marriage in 2001.

 Ireland was the first country to legalize same-sex marriage through referendum in 2015.

 Till now, Taiwan is the only country in Asia where same sex mates have got legal recognition. In these countries, there are 3 main grounds for getting legal recognition of same sex partners.

 1. Equality, not recognizing gay marriage would be discrimination because everyone should have equal rights under the law.

 2. Freedom to marry the person of one's choice is a fundamental human right, no matter what gender it is.

 3.Social Benefits: There are many social benefits of marriage. Homosexuals are not said to be barred from it forever.

 History of homosexual.

 Spread from ancient Mesopotamia to ancient Greece, China, Japan and other civilizations, Malin Yalom says in 'A History of the Wife' that same-sex marriage became very common in the second and third centuries. With the rise of Christianity and Islam, the exploitation of homosexuals increased and for about 1500 years, they started being seen as a stigma. France became the first country in 1791 to remove homosexuality from the list of crimes and gradually other countries also started doing the same. Today, marriage between same sexes is legal in the constitutions of 31 countries of the world including France, Germany, Belgium, America.

In 1861, during the British rule, homosexuality was banned in India and a law was made punishing homosexual relations under Section 377. In India, in 2018, the Supreme Court decriminalized sex between homosexuals and after this, gay marriage is still not legal in India. A bench of 5 judges is hearing this issue in the Supreme Court.

 Homosexuals have fought for their rights for 230 years.

 1791 France was the first country to remove homosexuality from the list of crimes. Then in 1897, the world's first LGBTQ+ organization, the Scientific Humanitarian Committee, was formed in Berlin, the capital of Germany. 1933 Mattachine Society was formed for the first time in America for the LGBTQ community. 1953 US President Dwight D. Eisenhower identified LGBTQ+ people and ordered them to be thrown out of the job. On June 28, 1969, a police raid at the 1969 Stonewall Inn, a gay bar in New York City, sparked violent protests across the country.

 The American Psychiatric Association refused to consider homosexuals mentally ill in 1969. 1978 The LGBTQ+ rainbow flag was first flown in San Francisco. 1989 Denmark becomes the first country to recognize same-sex civil unions. 2009 LGBTQ Johanna Siguradottir is elected Prime Minister of Iceland. 2013 US President Barack Obama nominates 5 gay men as ambassadors. The US Supreme Court granted benefits for same-sex marriage. Same-sex marriage was a crime in India until 2018, but the Supreme Court abolished it. 2020 Russia brought a constitutional amendment and banned same-sex marriage in the country.