Same Sex-Marriage under the Special Marriage act, 1954 - IE - 26/11/22

Recently, the Supreme Court has issued notice to the Centre and the Attorney General for India on a plea by two gay couples seeking recognition of same-sex marriage under the Special Marriage Act, 1954.
As a result of several petitions, a two-judge bench headed by Chief Justice of India D Y Chandrachud issued the notice. The non-recognition of same-sex marriage amounted to discrimination that struck at the root of dignity and self-fulfillment of LGBTQ+ couples.
GS1 ; GS2 ; Social Empowerment, Transgenders, Judgements
The right to marry is not expressly recognized either as a fundamental or constitutional right under the Indian Constitution.
Though marriage is regulated through various statutory enactments, its recognition as a fundamental right has only developed through judicial decisions of India’s Supreme Court. Such declaration of law is binding on all courts throughout India under Article 141 of the Constitution.

Imp cases:
-Marriage as a Fundamental Right (Shafin Jahan v. Asokan K.M. and others 2018)
-LGBTQ Community Entitled to all Constitutional Rights (Navjet Singh Johar and others v. Union of India 2018)

Special Marriage Act (SMA), 1954?
Marriages in India can be registered under the respective personal laws Hindu Marriage Act, 1955, Muslim Marriage Act, 1954, or under the Special Marriage Act, 1954.
It is the duty of the Judiciary to ensure that the rights of both the husband and wife are protected.
The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage for people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.
When a person solemnises marriage under this law, then the marriage is not governed by personal laws but by the Special Marriage Act.

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