The Special Marriage Act is a non-religious law that makes it easy to marry individuals who belong to other religions or those who do not want their laws enforced. The registration officer, rather than a religious ritual, certifies the relationship.
As it stands currently, the Special Marriage Act seems to extend exclusively to heterosexual couples, as men have to be 21 years old and women have to be 18 years old to get married in court.
The Special Marriage Act makes it easy to accept LGBT marriages. Only Section 4(c) has to be changed to allow the marriage of an LGBT and to include an explicit statement that LGBT marriage is legal.
Section 4 (c) just needs to be changed. The Special Marriage Act must be revised in each case to offer equal legitimacy to marriages between people of the LGBT community.
Legality of LGBT Marriages in India
Marriage comprises both matrimonial rights and social obligations. Because marriage has become such an important part of a person's life, the 'Right to Marry,' which is recognized under Article 21 of the 'Right to Life and Personal Liberty,' has given us all the chance to choose our future partner.
In the case of Lata Singh v. Territory of UP, the Supreme Court stated that once a person reaches the age of majority, he or she can marry whoever they want and regarded it as a portion of Art 21 of the Constitution of India. The court also stated that even the most extreme action a parent can take is to cut all contact with their children, but that they cannot threaten or harm them.
In the case of Shakti Vahini v. Union of India, it was decided that Individuals have the constitutional right to marry whoever they want, irrespective of their religion, caste, sex etc.
Making Marriage Laws Comprehensive for LGBT Community
Because present laws cannot be applied to LGBT marriages, some few new laws must be developed, amended, or inserted to recognize same-sex marriages. There are three approaches to make laws on marriage more inclusive of the people of LGBT+ community. They are as follows-
The first view recommends that marriages among the couples of same-sex can be allowed in the wake of re-evaluating, adjusting or revising the current laws or by making the language of the act gender-nonpartisan.
The second view proposes that same-sex marriages ought to be allowed in the wake of drafting an entirely different Act by thinking about the LGBT group as a different local area.
The third view proposes that considering India is as yet not moderate enough and open to the possibility of LGBT marriages, the council as opposed to legalizing same-sex marriages can rather give them an alternate status, for example:- a common association, in which they might not be having every one of the marriage rights yet they can in any case appreciate different other huge rights like sharing of protection, recording joint assessment forms and so forth i.e. it tends to be fairly perceived as a relationship in light of passionate and efficient interdependency.
Conclusion: A Way Forward
The subsequent choice for example to draft entirely different legislations on same-sex marriages to remember the requirements and weaknesses of LGBT+ individuals are by all accounts the best method for guaranteeing marriage balance.
Nonetheless, given the Indian setting, where ethical quality and conventions are deeply rooted in the eye of the public, drafting a new law to govern LGBT marriages is still a long way off.
In this case, a more practical solution in the normal course of business is to amend, adjust, or make the text of existing rules unbiased to include LGBT marriage, or to legalize an optional type of marriage. As a result, in order to comprehend the practicality of this concept, we should examine what are the serious issues that will emerge in executing these ideas and what can be the potential arrangements.
You will need a lawyer to get clarifications related to LGBT Marriages in India. If you want to get the help of a lawyer to answer your issues regarding LGBT marriages in Mumbai, then a Court Marriage lawyer in Mumbai can be consulted, and if you want to get the help of a lawyer to answer your issues regarding the Court Marriage Lawyer Ghaziabad, then a Court Marriage In Mumbai. Similarly, a Court Marriage Lawyer In Delhi can be consulted to know the possibilities of the court marriage process for LGBT marriage in Delhi.
At Lead India, you can consult and talk to a lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.
Visit us:https://www.leadindia.law
Call Us:+91–8800788535
Email:care@leadindia.law
Twitter:https://twitter.com/leadindialaw
Pinterest:https://in.pinterest.com/lawleadindia
Comments