marriageequality
By Ritika Jain Supreme Court five-judge bench unanimously ruled against the legalisation of same-sex, though a 3:2 minority opinion favoured civil unions for queer couples with the right to adopt. The top court said the Constitution does not grant the fundamental right to marry and the institution of marriage cannot be elevated to the status of a fundamental right. Justice S Ravindra Bhat, who led the majority opinion, said civil unions cannot exist in the absence of legislation. All queer persons have the right to choose their partners. But State cannot be obligated to recognize the bouquet o...
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By Hazel Gandhi The video of a man dancing to a Bollywood song has been used to misidentify the man as senior advocate and LGBTQIA+ activist Saurabh Kirpal. BOOM found that the video is of a talent agency founder and digital creator Damandeep Singh Chaudhary who routinely posts videos on Instagram of him dancing. The video shows a man dancing to the song 'Sajna: Say Yes to the Dress' by Badshah and Payal Dev. The caption mocks Kirpal by misidentifying him and reads, "This is Saurabh Kripal future SC judge. *His father B.N. Kripal* Was the Chief Justice of SC in 2002. *Hence under familyism tra...
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By Ritika Jain The Centre on Wednesday took a diversion from their declared view and told the Supreme Court that the government is agreeable to forming a committee which would examine if certain legal rights can be granted to couples from the LGBTQIA+ community without giving them the legal recognition of “marriage”. “The government is positive. What we have decided is that this would need coordination between more than one ministry. So therefore, a committee headed by no less than the cabinet secretary will be constituted,” Solicitor General Tushar Mehta said. “Suppose the government says tha...
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By Mohammed Kudrati The Bar Council of India (BCI) passed a resolution on April 23, 2023, requesting the Supreme Court to leave the issue of marriage equality to the legislative process and claimed that over 99.9% of Indians are opposed to the idea. BOOM found that while surveys and polls done on the issue of marriage equality show varying results, none of them come remotely close to the 99.9% figure cited by the BCI. These publicly available survey results show opposition to marriage equality to be as high as 62%, with another one showing support being as high as 53% among Gen Z (those betwee...
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By Ritika Jain Centre told the Supreme Court that though the government cannot regulate social personal relationships, it could intervene and regulate "certain relationships" if it was in the legitimate interest. Solicitor General Tushar Mehta, representing the Centre, also expressed apprehension that if one allowed marriage equality and legitimised what is considered to be "forbidden relationships", then at some point in the future the same arguments could be made to allow incest or polygamy. Today, on day six of the hearing on Marriage Equality, the top court engaged in a back-and-forth disc...
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