An editorial analysis of the role of a judge in advocating for the rights of same-sex couples could explore the pivotal role of the judiciary in promoting equality and social justice. The judge serves as a beacon of impartiality and a defender of individual rights, often playing a crucial role in dismantling discriminatory laws and ensuring equal treatment for all. In the context of same-sex couples, a judge’s intervention may signify a commitment to upholding the principles of justice and inclusivity, challenging societal norms that may perpetuate discrimination. By interpreting and applying the law in a manner that recognizes the fundamental rights of same-sex couples, a judge becomes a catalyst for societal progress, fostering a more inclusive and equitable legal landscape. Such judicial actions not only impact the specific couples involved but also contribute to a broader shift in societal attitudes toward acceptance and equality.
Tag: GS-1 Indian Society, Development of Vulnerable Section
In News:
Following the disappointing Supreme Court ruling, Judge Anand Venkatesh brings optimism for LGBTQIA+ couples.
Challenges Encountered by the LGBTIQ+ Community
- Heteronormativity
- Inequality and Violence
- Deprivation of Rights
- Social Isolation
- Family Conflict
- Racial Discrimination
Sushma vs Commissioner of Police
- This case advocates for the incorporation of rights and protections for the LGBTIQ+ community, addressing issues related to harassment, violence, and discrimination in areas such as employment, housing, and societal integration.
- The State government is mandated to implement these measures.
Supriyo Judgment
- No inherent right to marriage is recognized as a fundamental right.
- Discrepancies exist between majority and minority opinions regarding the recognition of civil unions.
- The minority viewpoint supports acknowledging a range of entitlements.
- However, the judgment falls short of providing explicit rights and precise directives.
- The majority opinion leaves the fate of same-sex couples to the discretion of the government and legislature.
- The Supreme Court has emphasized that statutory laws, including the Constitution and marriage laws, cannot be invoked in this matter.
Concerns with the Judgment
The doctrine of Indirect Discrimination:
- The judgment raises issues with the doctrine of indirect discrimination, emphasizing that the discriminator cannot evade constitutional obligations by citing intent or object.
Impact Assessment Requirement
- The court is urged to consider the impact of a law on a specific group, as emphasized in Nitisha v. Union of India, 2021, challenging the notion that the mere absence of a law is enough to claim discrimination.
Failure to Address Discrimination Based on Sexual Orientation
- The State’s decision to deny recognition to a specific category of marriages solely based on sexual orientation is not explicitly confronted by the Bench.
Lack of Resolution on Institutional Limitations
- The judgment does not effectively address the issue of whether the court can strike down the constitutional validity of the Special Marriage Act (SMA) or introduce modifications due to its institutional constraints.
Reluctance to Challenge Unconstitutional Laws
- The court’s stance suggests that even if a law is blatantly unconstitutional, the difficulties in providing a remedy are deemed sufficient reason to retain the unconstitutional law.
Recommended Actions
Avoiding Constitutional Scrutiny in Legislation
- Parliament can craft laws in a manner that necessitates the court to engage in intricate interpretation, potentially sidestepping direct constitutional scrutiny.
Recognizing Equal Rights Beyond Policy
- Conceiving the issue of equal rights in marriage solely as a policy matter is problematic and should be expanded beyond this narrow perspective.
Establishing a Registration Procedure
- Implementing a registration process for contracts related to same-sex unions would allow the State to endorse relationships within the community, providing societal recognition and protection.
Institution of Civil Unions
- The State government has the authority to enact legislation introducing the institution of Civil Unions, thereby conferring a formal status on same-sex couples.
- This can encompass various aspects, including marriage, divorce, inheritance, succession, minors, and adoption.
Utilizing Legislative Powers
- Given that laws pertaining to marriage, divorce, and related matters fall under the Concurrent List in the Seventh Schedule of the Constitution, states possess the authority to legislate on these subjects.
- This grants the State the power to enact comprehensive legislation addressing the needs of same-sex couples.
Source: TH
Frequently Asked Questions (FAQs)
1. Q: Why is a judge involved in issues related to same-sex couples?
A: Judges play a crucial role in upholding and interpreting the law. When it comes to same-sex couples, they intervene to ensure equal treatment, challenge discriminatory laws, and protect the fundamental rights of individuals, fostering a more inclusive legal landscape.
2. Q: Can a judge’s decision regarding same-sex couples impact broader societal attitudes?
A: Absolutely. A judge’s decision goes beyond the specific case, setting a precedent that can influence societal perceptions. By promoting equality and dismantling discriminatory practices, judges contribute to a broader shift in attitudes towards acceptance and inclusivity.
3. Q: How does a judge’s intervention benefit same-sex couples?
A: A judge’s intervention benefits same-sex couples by affirming their rights and challenging discriminatory practices. It provides legal protection, ensuring that these couples are treated fairly and equally under the law, contributing to a more inclusive and just society.
4. Q: What role does impartiality play when a judge handles cases involving same-sex couples?
A: Impartiality is paramount. Judges are expected to approach each case without bias, ensuring fair and equitable treatment. In cases involving same-sex couples, impartiality helps in delivering judgments that are based on the principles of justice rather than societal prejudices.
5. Q: Can a judge’s decision on same-sex issues impact future legal developments?
A: Yes, significantly. A judge’s decision can set a legal precedent, influencing future cases and potentially shaping legislation. By addressing issues related to same-sex couples, judges contribute to the ongoing evolution of laws and policies, reflecting the changing societal understanding of equality and human rights.
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