CIHS – Centre for Integrated and Holistic Studies

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Same Sex marriages: a zillionth question

A five-judge Constitution Bench headed by Chief Justice DY Chandrachud comprising Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha, reserved its judgment on May 11, 2023. This followed a rigorous ten-day session during which senior advocates AM Singhvi, Raju Ramachandran, KV Viswanathan, Anand Grover, and Saurabh Kirpal presented their arguments on behalf of the petitioners. On the other side, Attorney General R Venkataramani, Solicitor General Tushar Mehta represented the Centre, and senior counsel Kapil Sibal appeared for Jamiat-Ulama-i- Hind. India is widely recognised for its profound socio-religious diversity, which constitutes a mosaic of various belief systems. Marriage in India holds significant social and ritualistic importance, traditionally viewed as a union between a man and a woman. Serving as a crucial component of every individual’s life, marriage has been instrumental in the propagation of future generations, making it a fundamental institution of human society throughout history.

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Explainer: Recognition of same-sex marriages

On March 13, 2023, Indian apex court transferred a plea for recognition of same-sex marriages to the constitutional bench. Justice DY Chandrachud, PS Narasimha and JB Pardiwala listed the hearing from April 18, 2023. In an affidavit, Indian government has opposed the plea seeking legal recognition of same-sex marriages. Indian government said that marriage is accepted ‘statutorily, religiously and socially’ only between a biological man and a woman. The affidavit argued that any deviation from this accepted form could only be voted by lawmakers and not ruled by courts.

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‘LGBTQs have a right to live honourably’

In an interview to Organiser, a news weekly, RSS Sarsanghchalak Dr Mohan Bhagwat talked about several issues like women taking part in Sangh and LGBTQ rights. “Every now and then, a minor question crops up which is blown out of proportion by media, because the so-called neo-Left finds it pioneering, like say LGBT/Transgender issue. But these are not new issues. We too have these problems; they have always been there. But till now they did not raise any noise. These people also have a right to live,” said RSS Sarsanghchalak Dr Mohan Bhagwat ji. Sarsanghchalak Dr Bhagwat ji further said, “Without much hullabaloo, we have found a way, with a humane approach, to provide them social acceptance, bearing in mind they are also human beings having an inalienable right to live. We have a transgender community; we did not see it as a problem. They have a sect and their own deities. Today, they have their own mahamandaleshwar too. During Kumbh, they are accorded a special place. They are part of our everyday life. When a child is born, they come to sing at our homes. They have been part and parcel of our traditions. Even though they have a separate community space, they are also a part of the mainstream. We have never waxed eloquent about this arrangement; we’ve never turned it into a subject of global debate.” “Problem of LGBT is a similar one. Jarasandh had two generals—Hans and Dimbhaka. When Krishna fanned the rumour that Dimbhaka has died, Hans committed suicide. That is how killed those two generals. Come to think of it: what does the story suggest? This is the same thing. The two generals were in that sort of relationship. It is not that these people have never existed in our country. People with such proclivities have always been there; for as long as humans have existed. Since I am a doctor of animals, I know that such traits are found in animals too. This is biological, a mode of life. Now there is much fuss over the issue; we will have to acknowledge this too. We want them to have their own private space and to feel that they, too, are a part of society. This is such a simple issue. We will have to promote this view because all other ways of resolving it will be futile. Therefore, on such matters, the Sangh relies on the wisdom of our traditions,” Sarsanghchalak Dr Mohan Bhagwat ji added. (Courtesy: Organiser Weekly)

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