Same sex marriage in India: In India, politics is anything but stagnant. Every single day, there’s some new scoop that’s making waves and heating up the streets. Just take a look at today’s scene, from wrestler protests at Jantar Mantar in the heart of the national capital, to the latest assembly elections in Karnataka – you can’t escape the buzz, whether it’s in the news or all-over social media.
However, the hottest topic on everyone’s lips right now? You guessed it – the ruling on same-sex marriage, with the suave and savvy CJI DY Chandrachud making some big moves. It’s got everyone talking, and the anticipation is high for what’s next.
Analysing the current controversy regarding the legalization of same sex marriage in India, and why the once passionate advocate for the same is now backing out.
“We have limitations”
Of late, The Supreme Court has been lit up lately with the whole same-sex marriage situation. Talk about priorities, right?
It’s been an all-out battle, with both sides giving it their all and leaving no room for any shades of gray. But, at times, even the super-cool CJI Chandrachud has been throwing his support behind those pushing for legalizing gay marriages in India. It’s a hot topic that’s got everyone on the edge of their seats, waiting to see what happens next.
However, at this moment, CJI Chandrachud has reportedly shared his perspective. As per his statement, “We have certain limitations. Ultimately, it is the job of the legislature to see that it [the provisions for same sex marriage in India] sees the light of the day. We can only advise them to make the process as smooth and convenient as possible”.
[BREAKING] Supreme Court says recognising same-sex marriage up to legislature; but asks Central government to devise means to confer legal rights, benefits on same-sex couples without marriage label
Read story: https://t.co/kYUBte0gb7 pic.twitter.com/pIg5dnWAu5
— Bar and Bench (@barandbench) April 27, 2023
SG Tushar Mehta showed the mirror
Now you might be wondering what happened to the panel, including Mr. Chandrachud, who was so desperate to pronounce a verdict on the same as if it were a matter of life and death? Well, truth is not that simple.
It is possible that CJI Chandrachud was rather compelled to take this decision, for primarily two reasons. One was the conduct of Solicitor General Tushar Mehta, who stumped the panel by giving them a statement so logical and practical, it almost left CJI Chandrachud flabbergasted.
As per the reasoning put forth by the Honorable Court, Solicitor General Tushar Mehta has raised a pertinent point regarding the potential legalization of incestuous relationships. In light of this, it is imperative to examine the relevant provisions in order to determine the validity of such a scenario, particularly given the ongoing questioning of the very concept of gender.
Read more: Pious obligation: Calcutta High Court delivers a jolt to “ghar todu type bahus”
The panel led by CJI Chandrachud offered a weak resistance, only for Tushar Mehta to take the mantle a notch higher. He questioned the very notion of ‘Gender Fluidity’, by mentioning that there are some, for whom gender changes as per their convenience, say mood swings or surroundings. Will marriages of such nature be legalized as well?”
SG Tushar Mehta tears apart the Supreme Court right on our honourable judges' face. Great to see such aggression backed by logic and facts, something rare to be seen by our judges.#SameSexMarriacge pic.twitter.com/vVPcgWF8d6
— Barkha Trehan 🇮🇳 / बरखा त्रेहन (@barkhatrehan16) April 27, 2023
The masses cannot be ignored
However, these were not the only reasons due to which CJI Chandrachud, otherwise super active on the issue of same sex marriage in India, was almost forced to eat his words. For instance, Tushar Mehta mentioned that there are 160 provisions regarding to marriage between men and women. For him, ‘Right to marry does not mean right to force a legislation for the same’. That must have hurt really bad.
However, CJI Chandrachud may now be compelled to abandon his fervent pursuit of legalizing same-sex marriage, as the public outcry grows louder with each passing day. The SC panel’s argument has been criticized for its illogical reasoning and deceitful tactics, leaving many people feeling betrayed and disillusioned. Adding insult to injury, the Bar Council of India has unanimously rejected the CJI’s stance, emphasizing that this is an issue for the legislature to address, not the judiciary. If the CJI chooses to persist in his pursuit despite all of this, it could come at a great personal cost to him and the legacy he is trying to build upon.
Solicitor General Tushar Mehta explains the Supreme Court on various gender identities that exist and explains what Fluid gender means, also explains gender as per mood swings and surroundings [Watch]#SupremeCourt #SupremeCourtofIndia #SameGenderMarriage pic.twitter.com/BpwJBQoyTG
— Bar and Bench (@barandbench) April 26, 2023
Read more: Marriage equality in the US and lessons for India
At the closing remark, I would like to make a point that we must bear in mind the deep-rooted values of Bharat, which have stood the test of time and are the backbone of our society. Regardless of whether one is a political titan, a lawmaker, or a celebrated saint, we must exercise caution before challenging the bedrock of our nation’s identity. These values are of the utmost quality, as evidenced by their longevity, and thus, should not be destabilized.
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