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Thursday, March 28, 2024
TopicSpecial Marriage Act

Topic: Special Marriage Act

Three SC judges are set to retire by May 2024. Here are the key cases pending their decisions

From abrogation of Article 370 to whether there should be sub-quotas in the SC/ST reservation, Justices S.K. Kaul, Aniruddha Bose, & A.S. Bopanna have several cases pending before them. 

Marriage as institution precedes state — SC’s majority view on same-sex marriage

SC’s majority bench unanimously rejected central govt’s submission that queerness is an urban and elitist concept’. However, the court also ruled out a civil union for such couples. 

There are pre-conditions in Special Marriage Act that same-sex marriage debate is ignoring

Recognition of same-sex marriage will eliminate legal differences between men and women, which is essential to sustain protective discrimination on the basis of gender.

SC cautious with same-sex marriage case. Keeping personal laws out is in state’s interest

The Supreme Court’s decision to narrow its focus should not restrict the queer community’s rights to only one Act.

‘What if 2 Hindu women marry & 1 dies?’ At same-sex marriage hearing, SC delves into succession, inheritance

CJI says test for court is if declaration that same-sex couples are to be read as spouses under SMA meant it would have to undertake 'too many legislative steps' in deciding future issues.

2018 order scrapping Section 377 recognised that same-sex couples can be in stable relationship, says CJI

CJI said SC has to ascertain whether Special Marriage Act can recognise 'relationships like marriage', and wondered if court needs to 'redefine evolving notion of marriage'.

SC hearing on gay marriage to avoid personal laws, may focus on junking gender binary in Special Marriage Act

Centre raises objections saying Parliament is the only constitutionally permissible forum to decide on creation of a new social relationship. CJI says gender is a 'complex' issue.

‘Very offensive’ — same-sex marriage petitioners slam Modi govt’s ‘psychology of child’ stand in SC

Govt had argued that only Parliament should debate matter of same-sex marriage, claiming issues like 'psychology' of child raised by homosexual couple would have to be considered.

RJ defends Swara Bhasker’s marriage in a 2-word reply to Islamic scholar’s ‘unsolicited advice’

Bhasker and SP leader Fahad Ahmad registered their marriage on 6 January, 2023 in a court – three years after they first met at an anti-Citizenship Amendment Act protest in Mumbai.

At the root of SC case on gay marriage rights, the Kerala same-sex couple who started it all

Many problems in their relationship were not considered valid. The government did not recognise their marriage—no documents, no inheritance rights.

On Camera

Profit margins in lottery industry are tiny. Here’s how Future Gaming paid for its electoral bonds

Neither state govts nor companies earn large profits from lotteries. However, a look at the system shows there’s ample evidence of murky dealings and financial irregularities. 

Amid plans to lift AFSPA, Army starts joint training with Jammu & Kashmir Police

In an interview with Gulistan News this week, Union Home Minister Amit Shah said the government would leave law and order to J&K Police and slowly withdraw troops.

For BJP, Kejriwal is an idea whose time has come to be destroyed

The ‘idea’ Kejriwal's politics grew around was a no-holds-barred fight against corruption. That is the reason Modi govt has now tarred him and his entire party with the same paint.