SC Hears Requests Over Same-Sex Marriage, Led by CJI DY Chandrachud
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- เผยแพร่เมื่อ 3 ธ.ค. 2024
- The Supreme Court is hearing requests seeking legal recognition of same-sex marriages. The Supreme Court has set up a five-judge Constitution bench to hear petitions seeking legal recognition of same-sex marriages. The bench set up by Chief Justice of India D Y Chandrachud comprises Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha, besides the CJI.
#supremecourtlive #samesexmarriages #supremecourthearing
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Arguments in the favor of legalization of same-sex marriage: 1. India is not a parliamentary democracy like UK where parliament is supreme. It's a constitutional democracy where constitution is supreme. So, even parliament can not amend the basic features of our constitution called as Basic Structure Doctrine. 2. Equality is a part of Basic Structure Doctrine accepted in Indira Sawhney Case(2000). Sexual Orientation is a part of 'sex' mentioned under Article 14, Article 15 interpreted by SC in Navtej Singh Johar Case. Right to marriage is a Fundamental Right under Article 19 & Article 21 interpreted by SC in Shafin Jahan Vs Asokan KM (Hadiya Case). Taking away marriage rights from a class of citizens is violation of fundamental rights given under Article 14, 15, 19 & 21 to citizens of India. In case of violation of fundamental right, individuals will go to SC under Article 32 and not Parliament for protection of their fundamental Rights( Petitioners have done the same in this case. ) 3. Marriage is not something only about having sex and procreation. Do we nullify heterosexual marriage which don't procreate? It's more about love, partnership, making decisions for each other, companionship etc. Marriage is part of expression and taking it from certain individuals dehumanize them. It also severely affect their health, life, dignity etc. Does we make a better society by dehumanizing certain individuals of our own society? Doesn't it lead to brain drain when they are forced to migrate to other countries because they get their basic rights and acceptance there? 4. In one of the interpretations of Marriage in Hinduism, it's about the union of two souls. When did soul have any gender? 4. Having a particular sexual orientation is not a matter of choice. If yes when did majority choose to become heterosexual and feel certain way? Do we create our own feelings? And if it's a choice why will someone choose to be from LGBTQIA+ for getting so much hatred, insecurity, alienation, exclusion etc? 5. For the people calling it unnatural, what is nature exactly? Even our clothes which we wear are not natural. Even the youtube on which we are watching and reading comments is not natural. Are we so repelled to man-made things? And what makes one way of having sex natural and other unnatural? Scientific community like WHO, Indian Psychiatric Association etc. have approved it as totally normal and natural after research. Similar relations have been found in many other species(nature). 6. For the people asking for going through education, awareness, sensitization- It's because of awareness only that today we are discussing about it. The first pride march took place in 1999 in Kolkata. It's the efforts of many people and awareness only through which SC could give a favorable judgement in 2018 without much strong social reaction. We all must have seen pride marches being held in different part of cities across India. Inclusion of Trans people in NCERT curriculum was another example of such attempt which was opposed and taken back. Legal route is just one way of multipronged approach. 7. Coming to common people of India which doesn't limit only to few metropolitan cities, they don't understand even subtle differences between Legislature, Executive and Judiciary. Do they cease to exist? And does parliamentarians ask everything from them during their day to day operations? And who will cause complete havoc? ( "Kya hai Dakshin, Kya hai Wam, Janta ko Roti se Kaam" - Baba Nagarjun ) 8. Shikhandi in Mahabharata was a trans person most of us will be aware of. As a society how have we progressed? What about their rights? We can't find even basic infrastructure such as toilets for them at public places. We don't have even dignified words for them. Why did we fail to acknowledge their rights despite their existence since history? and whom shall they approach for their rights? 9. Post independence example- Ambedkar faced the similar opposition for Widow Remarriage and Intercaste marriage while presenting Hindu Marriage Bill in the parliament which petitioners are facing today with the same argument in the name of customs, traditions and readiness of society.
You cannot treat same sex union in same manner as heterosex union. marriage is uniquely heterosex ceremony created for these couple but if due to this same sex union are in disadvantage position then that should be done separately
Well said 🙌👏
This was so insightful and eye-opening.
When same sex marriage will not have same provisions of property inheritance then why is there a need to marry and over-register this stuff on courts? When you can live in-house relationships, and since we are copy pasting everything with logic, so let us look at the demerits as well, 1. Very frequent change in parter. There's a study on this . 2. For 0.1% (naturally even for other animals) you will change the law now?
@@nashtrashcool it is the legal recognition that the queer couples are asking for. There are still being stigmatized in the society which eventually is a restriction in their freedom, and hampers the concept of equality as per the fundamental rights.
In simple words, it is about 'Live and let others live.'
I dont know the name of the person who is giving speech in 23:43 ... He is a gem of a human being ...
Mukul Rohatgi
First remove the word mylord from debate 😅😮 ... We need progress from British era.
We haven't progressed yet, 😂 or we can't
I strongly condemn Central government for this inappropriate action,
Government must be equal to every human being, LGBTQ community are not from different planet,
They are also born here, They born in India, There is a proof in Science, that LGBTQ feelings will start raising once baby is in Womb itself,
If this is the case, Why LGBTQ community need to suffer, Let them enjoy equal rights of humanity,
More than humanity nothing exists. Moreover this debt is purely like a Veg vs Nonveg food lovers.
Its purely your wish whether what type of food which you are supposed to eat,
I strongly agree, its upto consensus of adults. Here Government has zero rights to interfere,
Instead support marginalized society, This gives a good healthy society,
Marriage is not just for a wish of Society or Government or Stereotype, Instead Marriage should be from heart.
All Heterosexual people, please be minded, tomorrow there is a chance that your own daughter or son may become homosexual,
then you will understand about the real pain, Spread love, not hatred,
This earth is equally for everyone whether they are homo or heterosexual, Court definitely give solid judgement to approve homosexual marriage.
In simple words 90%of the politicians are like old monks waiting for their funeral, how can they understand us😂
I don’t understand why people do not understand basic science and sociology. Homosexuals have been existing from a long time. Moreover, two people who have each other’s consent should be allowed to do anything they want, unless they’re harming anyone else.
Right!
Lol we dont want to entertain BS thats all.
First claim to be Unique and cry to be recognised. Then play victim card and demand equal rights. What a bunch of Hypocrites.
Love will eventually win 💗
You mean live-in will eventually win.
You are probably the same kind of person also who thinks young adults still using bounce houses is okay too.,
You mean sexual desire will win ???
Depravity is not love.
Go marry a dog 😂
Love is love 🏳️🌈
Water is water.....
You are probably the same kind of person also who thinks young adults still using bounce houses is okay too..,
I think it's sexual lust
@@jarp5581 Like Heterosexual don't have Sexual lust stop this 'Holier than thou' attitude.
Depravity is not love. Don't corrupt young people.
If same sex marriage is considered, then many people struggling in darkness will find a better and descent way of life. Many people falsely engaging in marriages due to family pressure will come out of the hypocrisies of the society. Other legal issues arising out of matter may find proper redressal in due course of time. Queer is a new way of life nowadays. Except it or not, no one can deny its existence and rights.
Samaj ka koi tension nhi hai yeh tho government samne araha hai logo ka soch Aaj kal bohot badal chuka hai ,hamari soch badalna hai bas need some times .. Honorable supreme court judges give a good decisions 🙏
Parliament is not doing anything and rights of many Indians are infringed from very long. Everyone is equal and that is beauty of democracy.
Atleast allow civil unions.
Its ironical that Supreme Court being so liberal in its views doesn't show liberal views in collegium system. Let's stretch the band a bit more, why even have the institution of marriage, why not allow to have no-fault divorce, why not have gender neutral laws. After all it is one's fundamental right to be treated equal irrespective of gender, have the ability to break away from marriage at will and at no fault at all.
💙💚💛💜💞💝💛💜💗💙💚💞💟💖💙💚💚💚💙💚woo fantastic . Hum chinke lenge ajadi. ✊✊✊✊❤thank u so much sc mr. Chandruchur
You are probably the same kind of person also who thinks young adults still using bounce houses is okay too 😊
Love is love
✍️✍️✍️जो लोग समलैंगिक शादी के खिलाफ है उन लोगों.. को मेरा जावाबी सन्देश...
आप ग़लत हो ..देश कि परम्परा संस्कृति समाज समय के स्थित के साथ बदलता आ रहा आज के समय में बच्चो को गोद लिया जा सकता है जब पहले के समय में बच्चे पति के मर जाने पर ऋषि के प्रसाद से पैदा हो जाते थे ,तो आज के समय में बच्चे सवरगेसी और स्पर्म डोनर परिक्रिया से हो सकते हैं...हम कोई आतंकवादी नहीं है , हम भी इन्सान है जिस तरह आपको महिलाओं मे रूचि है उसी तरह हमें पुरुषो में , ,, खाना सब खाते है किसी को दाल पसंद है तो किसी को आलू ...उसी तरह हमारी रूची अलग है ,तो हमारे साथ अमानवीय व्यवहार किया जाता है हम सिर्फ सममानत का अधिकार चाहते हैं,, हमे कोई सपोर्ट नहीं करता ना ही परिवार, समाज, धर्म और बहुत बार देश भी नहीं ..हमारी लाइफ काफी समस्याओ से भरी हुई है,, हमें शादी की कानून मान्यता के लिए सरकार, समाज, धर्म सबसे लड़ना पड़ रहा है,,, और आप के लिए यह कोई समस्या नहीं है.. सोचिये अगर आप से शादी करना और फैमिली बनने अधिकार छीन लिया जाये तो कैसी होगी आपकी लाइफ एक समय बाद ना तो आपकी कोई फैमिली नहीं होगी और आप मानसिक रूप से अकेला महसूस करेंगे आपके लिए जीवन घुटन भरा हो जायेगा.. आखिर में यही कहुंगा हमें मानवता के द्रष्टिकोण से देखें.. हम ही एक दूसरे का सहारा बनते हैं और आज के समय में शादी का मतलब सिर्फ , बच्चे पैदा करना नहीं है दो इन्सान एक दूसरे के साथ से अपनी लाइफ गुजारना चाहते हैं,,हम जब अस्पताल ,जोब, और सरकारी कामकाज में हमारी फैमिली और हमारे र्पार्टनर के बारे में पुछा जाता है तो हमारे पास कोई जवाब नहीं होता इसलिए हमें शादी के लिए कानून मान्यता चाहिए....आप लोग के लिए यहां किसी पर नकारात्मक टिप्पणी करना बहुत आसान है पर आप शायद नहीं जानते आपके इस अधुरे ज्ञान कि वजह से समाज में हमारी छावी खराब होती है, और हमारे समुदाय के बहुत से लोग यह सहन नहीं कर पाते और अवसाद में डूब जाते हैं , कुछ लोग अपने जीवन का अन्त कर लेते हैं ... कृपया इस विषय के बारे में , टिप्पणी, करने या बोलने से पहले इस विषय का अच्छे से अध्ययन करे ,, समलैंगिकता जब से ही है ,जब से जीवन की शुरूवात हुई यह प्रकृति और हर धर्म,जाति,देश समाज में मौजूद हैं क्योंकि हम इन्सानियत और जीवन का हिस्सा है
🙏तो मानवता, के लिए कृपया हमें सपोर्ट करे
#humanity #equality
Tumhari desh ki sanskriti muglo ki den hain.
"If they can get themselves pregnant & give birth to humans they may marry"
The Person posing as female should not exercise the right of a woman in particular or man.
They have all the Rights in the World as a Human being.. but Righting the Wrong by Legislation will be a terrible Blunder in human history.
"No Hindu God or Goddesses ever married same sex"
Check your knowledge
correct your knowledge bro
My friend is hindu and he had married with his boyfriend, here in India and our state govt has no objection to them, and they work as social workers who helps Poor's.
Exactly.
Mr chandrachud has no time to listen to the plight of Kashmir Pandits?? He is not worried about innumerable cases pending for decades in the courts? We don't care if you are Mr or Ms Chandrachud. Whoever you are, better think of these pending cases as well
I think it is because his children are abnormal and handicapped so he knows no men will marry them.
Inappropriate action
Love will win ❤️🏳️🌈🏳️🌈
You are probably the same kind of person also who thinks young adults still using bounce houses is okay too..,
Love lolll😂😂😂
Lust bolo 😂
Wonder why these heterosexuals are so obsessed with sex talk. Two people want to have a peaceful married life and all you got to say about that is what happens in the bedroom. That says more about you than the people you are discriminating against.
@@youawesome2068 Ya, I love lgtbq
@@jarp5581 Then ur parents married for lust.
Mujhe English nei aata please koi muje batayega Kya faisala hua???
Koi decision nhi hua hai abhi hor hearings hongi
And agar tum is ko suport nhi krte to 🤝
Gand marana galat hai ya sahi. Bus usi par hai
Love is love ❤️
You are probably the same kind of person also who thinks young adults still using bounce houses is okay too.,,,
Lust is Lust
Love lol 😂
You are confusing sexual depravity with love.
@@anirbansadhukhan4681 haan tumhara love love hai aur humaare love ko lust aur depravity bolte ho...what a conservative retard u are🙏
People love there pets to
let see what happens, leave it to the supreme court, I trust my Indian brothers and sisters, whether Muslim, hindu, sikh or Christian, we will not let anything to force us to be behaving in a certain way against social values and Law of nature,to please 0.1% or I say exceptionals 🤝
And who decided these "Laws of nature"?
When asked about the collegium system of judiciary and its problems, CJI suggested the current system is the best one but the problems associated can be corrected through other means.
Taking the same analogy, shouldn't we be addressing the lgbtq problems without amending the marriage system, but genuinely through other means.
Some of the genuine means I think of are, a. Educating the people, both lgbtq and the rest of others, b. Strict implementation of the Law and order in this regard, c. Making specific amendments to laws such as adoption, inheritance, tax laws etc. without legalizing the marriage.
can anyone give me argument in favour of legalization of same-sex marriage?
If this might curb the out of control over population & ongoing corruption down there 🤔🤣
I hope gay marriage will be legal....❤
It is only written on paper that it is not allowed, actually my male friend married with his boyfriend and now live peacefully, and I don't have problems.
It should not be legal in India, open your closed mind.
You are probably the same kind of person also who thinks young adults still using bounce houses is okay too
@@youawesome2068 What's the connection between same sex marriage & bouncing house.?
@@princedewett8584 Why it shouldn't be legal in India, what is the consequences of it.?
India has so many issues we have a court with people who want gay marriage and woke ideology sad state of affairs
This is also an issue Mr
Waise bhi jo khud nakam hai apne life mai woh kya samjhe issues ki garima
@@surajrathod9727 how is this an issue ? Why this lgtv community wanted to be accepted by the sane people so much, but they reject any criticism we have over them ?
@@redking4142 they are not saying that you accept them but they are asking their rights of marriage my many friends are living together as couple from past several years so what should you expect from them that they now get separated from eachother and sadly get married to opposite sex just because marriage rights is only for heterosexual not homosexual
Im not that much mean to impose my belief system forcefully on someone
@@surajrathod9727 so who has stopped them by living together? Let them live together? LGBT has already been decriminalised right? Then why specific demand for marriage?
@@surajrathod9727 sun bina brain cells ke aadmi, ek baar chadrachud ke arguments sun phir ye virtue signalling diyo,
Chandrachud said and I quote 'no absolute concept of 'Man' or 'Woman' based on genitals'.
Solicitor General Tushar Mehta, appearing for the Centre, said, "Biological man means man with biological genitals...If I have genitals of a man but otherwise I am a woman, as being suggested, how will I be treated under CrPC? As a woman? Can I be called for 160 statement? There are several issues."
Ab bta if I associate as a woman as per Chandrachud mai dowry case kar sakta hu kya apni wife pe ?
Also they are going to make changes into Hindu marriage act kyuki if they try to change personal laws of other religions, gardan par khatra ho sakta hai unki.
Irregularities same sex married. Let's no approve.
Old people making decisions for young generations.
We r Yaang generation saar we r independent 😠😠
Absolutely, old people old mindset.😂
@@Tsewang_Lachenpa Yes
Coz they are not delusional
🤞🏻🌈
Your dad is gay?
💙💚💛💜💞💝💛💜💗💙💚💞💟💖💙💚💚💚💙💚woo fantastic . Hum chinke lenge ajadi. ✊✊✊✊❤
Fun is fun, why not allow adults to use bounce houses??
@@youawesome2068 You love bouncing houses.. get one which can pick your strength... its fine if you want to bounce houses...
@@youawesome2068 😂 my friend had alerdy married with his boyfriend and has not regrets and, from that they live in India.
🏳️🌈🏳️🌈🏳️🌈🏳️🌈🏳️🌈🏳️🌈🏳️🌈
You are probably the same kind of person also who thinks young adults still using bounce houses is okay too.,,
Sare gand me gussa le
@@youawesome2068 Every one has its own opinions, and I respect evey one
💙💚💛💜💞💝💛💜💗💙💚💞💟💖💙💚💚💚💙💚woo fantastic . Hum chinke lenge ajadi. ✊✊✊✊❤rainbow is only LOVE.
I need gay marriage anyone here for me
You're father is there for you
@@IMADHAV7 LAMO!! I died at this!! 🤣🤣
You are probably the same kind of person also who thinks young adults still using bounce houses is okay too
We are here for you !! We will make it happen... if marriage is denied.... we will ask for legal civil union. PERIOD
@@IMADHAV7 Yes he is there for him, who is there for you ? Your bai 'house servant'????
What a waste of valuable judicial time.
"Next day" they will say that they have to marry with an animal. Nothing else, it's just a small issue.
Lords please listen to the plea to improve the criminal justice system...it seems you guys have plenty of time for non serious pleas
4.5 crore cases pending. Including rape murder Dacoity and such serious cases.
It's probably not serious for you coz you have no stake in this. But for some of us, it changes over lives, it can give me a family and dignity
Apparently these people cannot live without govt validation, stampyfying there marriage as legal, because on societal terms it will be always null and void. Kek this is why they are turning to supreme kotha.
Yes, everyone seems to be busy that they can't just use their brains or think or write properly.
@@iloveyself267 yes brain comes with marriage within the same sex....i certainly don't have it...
In case of gay marriage who will get the protection of IPC 498a?? 🤣😂🤣😂
Say no to same sex marriage
But, people are alerdy married, now how can u say no to same sex marriage.😂😂 So funny
Keep crying legal hone vala hai ab toh😂
@@Nikhil-fs4oq Even without legal, my friend had married with his boyfriend here in India 3 month ago, i respect them. 👍
Now they are about to adopt baby 🍼
@@Tsewang_Lachenpa Haan na yeh homophobes bas social media pe hate failaate hai faltu ka....real mein agar gays ke against bola abhi ke zamaane mei toh chappal padhenge inko😂😂....even here in mumbai society is so accepting to me and my bf we don't feel any problems from friends or society
@@Nikhil-fs4oq That society called educated society, not that society that carry old thinking. I respect your relationship.👍
Let me clear the suspense, the Supreme Court will vote for same-sex marriage. The question is does Constitution allow the same-sex marriage? If it explicitly did, then the Supreme Court would have affirmed it, but it does not. So the question is how to interpret the constitution in such a way that same-sex is allowed. The contrary argument would also be valid. Section 377 of the Indian Penal Code rightly on Unnatural offences states: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine" and should remain so in my opinion.
But this cannot be unnatural offence in direct sense.. Supreme court here looking at the fundamental rights in which marriage comes .. We have right to marry any person despite of caste, sex, religion etc.. Any thing matters is that only the person shall be a person....
Yes but there can be a problem because of this same sex marriage.
It can unbalance the rule that is require to maintain a respectful society.
@@Law_aspirant What about my fundamental right to be educated, get a job, own property and raise a family? Will I ever, and most of us, be able to fulfil those dreams?
Section 377 is outlawed 5 years ago lol.
@@rintu4569 Yes, but what was the provision of section 377? Section 377 of the British colonial penal code criminalized all sexual acts "against the order of nature.".It did serve its purpose and should be retained to prevent the God-fearing society in India from becoming morally abhorrent.
Marriage by defination according to religion is... Holy matrimony joining a man and a woman .
My friend had married with his boyfriend in here in India, and live peacefully,. Our state govt have no objection to them, they also helps Poor's.
Marriage is a legal sex contract nothing holy within it
कौ़म ए लूत जैसा कहर क्यों लाना चाहती ये क़ौम अपने ऊपर ?😢
Tu jaake cow ka meat kha
I'm a Muslim; let people live the way they want
Same sex means two brothers, or two sisters can marry legally ? Two father in-laws and to mother in-laws ? Other Religion also included or not , why only Hindus ?. Then we need to remove Bride and Spouse words from Indian constitution .
If courts decide social cultural status of the Country, then why parliament is required as representation of the people ?
Ravi ji they are legalizing same sex marriage... they are not legalizing incest sex.... Incest sex (between Men and Women ) results to genetic defects in new born.... Incest sex (between men and men) would not lead to genetic defects in new born....
You're hilarious. Right now marriage is legal between a man and a woman, does that mean you can go marry your sister or your mother? Why is it so difficult to understand this concept? We just want marriage to be legal between two adults just like how heterosexuals have been enjoying this right for a very long time. It's not promoting any such deplorable acts as you are suggesting.
Love is love ❌
Lust is Lust ☑️😂😂😂
What a debate it was in the live chat
I'll never promote this shit !
Tujhse kisi ne pucha yrr agr tum kisi chiz ke liye support nhi kr skte to km se km uske opposite bhi mt hua kro yrr khud problem h tumko yrr ye legal nhi krenge to tujhe kya lgta h ki vo toot jayenge are mrte dm tk jis chiz ke sath peda hue h uski ke sath marenge bhai tujhe hate nhi felana chahiye
Yes india is a beautiful country . some rainbow kids can pollute it
@@thakuradishi8924 bhai do you even understand what this community is ? Ye jahiliyat khatam kar degi india ko do you need proof see the state of cannada nd America.
@@redking4142 state of America? Economy is all time high, poverty is all time low, stop watching fake south asia propoganda.
@@redking4142 🎉You truly think India is more civilized than Canada?lmao
Now next they will ask for permission to marry with pet animals, and I wouldn't not suprise if SC allowes that. The argument would be, "my pet can't live without me".
A lady already married herself and couldn't stand it for 1 day and filled for devorce the next day. 🤣😂🤣😂🤣😂
Don't be ridiculous. How come ur comparing relationship two individuals with that of someone and their pet.
@@teamgogreen5504 yes, few years before nobody thought of this same sex relationship and now some are projecting it as pious task, so in future, next step would be relationship with pet.
@@prasadishan6887 The argument that same-sex relationships are a new thing and that they're being presented as some sort of "holy" task is just plain wrong. People have been in same-sex relationships for centuries, and it's not a recent development.
Moreover, it's the respect these people are demanding. All they are saying is that let them live too without being stigmatized every now and then.
@@iloveyself267 yes right, but century ago they never came forward and asked to glorify their act. Further, the government has already decreminalized the applicable section, now this step next they will ask for separate reservation for their adopted child and so on. Let's see, some acts and relations look fine only in a dedicated place
Population increase is more concern than this topic, this topics are concern in usa like first world countries l, we need to focus first on our development and basic needs among huge population
They're talking about basic needs of individuals here as well. You shouldn't need to become a 'first world country' to have the right to marry someone you want to marry.
@@vishrutisingh according to supreme court there is a no proper definition of male and female.
So, how domestic violence law will apply.
@@trueword4971 One human abusing another
@@humanbeing2722 then who get divorce alimony
Tomorrow a woman may say she want a bull or donkey or horse to service her so she want to marry those creatures and it was practiced in our culture as depicted in Kajuraho and konark and elsewhere so i think in future the court will say yes , the dirty Britishers stopped these wonderful practices lets resume it.
You can't make desicision of others, my friend had married with his boyfriend and live peacefully here in India.
Court must respect the Sociolegal structure of society and repercussions will be awful if such a verdict is issued by hon'ble court
Thats so utterly freaking dirty...
And this is how we've got one more day delay. Woww 🫠