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SamurottX t1_j0xnwrv wrote

For those who live in India: is there a good chance of the Supreme Court legalizing this? Given PM Modi's stance I'd have to say no but I'd love to be surprised here.

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stonedkrypto t1_j0xytjb wrote

I’m no longer in India but still follow news. SC acts pretty independently from the govt. There have been cases when they have been at odds and most of the time govt has to comply. If I recall correctly the case to decriminalise homosexuality was referred by SC to be taken up by in legislation instead as court felt it didn’t have a legal right to change that law( which they did). It’s not clear atm what legal arguments are to be made in case of same sex marriage but pretty confident SC will work towards it than oppose it.

Edit: as corrected by /u/throwreddit666 the Parliament never struck down the law but SC itself later revisited to term it unconstitutional.

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throwreddit666 t1_j0zywss wrote

>the case to decriminalise homosexuality was referred by SC to be taken up by in legislation instead as court felt it didn’t have a legal right to change that law(which they did).

This is completely incorrect. That particular provision which criminalises sodomy was read down by the supreme court to not include consensual sex between consenting adults of any gender. The decriminalisation of homosexuality was not brought about by any legislation.

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stonedkrypto t1_j1032w2 wrote

Thank you for the correction. It was the initial opinion of the SC “The Court held that amending or repealing section 377 should be a matter left to Parliament, not the judiciary.” But later revisited and termed section 377 unconstitutional.

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Ring_Lo_Finger t1_j0yr8kx wrote

US right and Indian right are not the same. BJP which holds the majority in the both the houses passed the transgender act and is fighting for UCC.

BJP is the liberal and progressive government rather than a communal Congress.

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throwreddit666 t1_j0zyk03 wrote

The current Chief Justice is pretty liberal and will probably relish writing a judgment according recognition to same sex marriage. But the problem is that the petition is flawed, imo. It is seeking recognition of same sex marriage under the Special Marriage Act. The Special Marriage Act is the legislation which governs marriages in India which are not performed as per Hindu or Muslim rituals. Both those religions have their own legislation regulating Hindu and Muslim marriages.

The Special Marriage Act which is for anyone who does not want to get married as per Hindu or Muslim rituals is a pretty fucked up legislation because it has a requirement of a notice period of 30 days for objections from the general public to 2 people who want to get married. So the names, addresses, and photographs of the 2 people getting married are literally posted on a notice board outside the local govt office and anyone can go and lodge objections if they have any.

We are already seeing this procedure cause problems in inter faith marriages where a Hindu and a Muslim get married or a Hindu and a Christian get married. There are weirdos who keep an eye on these notice boards and once they see an jnter faith marriage, they start harassing the 2 parties and their family members. I think it's going to be much the same with same sex marriages. So that's not going to be very good.

Hopefully the Supreme Court decides to also declare the requirement for this public notice to be unconstitutional and do away with that requirement.

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