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Glimmer of hope

  • Published
    10th Jan, 2023

Context:

  • The Petitioners are looking for an authoritative ruling legalising same-sex marriage as the Supreme Court has transferred to itself petitions pending in several High Courts.

The Welcome move by SC:

  • Supreme Court’s directives for the Central Government:  A Bench of Chief Justices and other two judges Justices asked the Centre to file its reply to all the petitions on the issue by February 15 for legalising same-sex marriages in India.
  • The dilemma for inclusion: The question of whether it will be brought within the ambit of the Special Marriage Act of 1954, which allows civil marriage for couples who cannot marry under their personal law. 
  • Avoid discrimination: Article 16 tells that, Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to find a family.
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