The Supreme Court has, in its wisdom, acknowledged the changing social mores vis-à-vis the people’s inclinations and mindsets linked to sexual relationships. The pronouncements of a five-judge bench in relation to the case by LGBTQ+ rights activists seeking legal sanction for same-sex marriages are noteworthy. The bench did not frown upon same-sex marriages as such but has made it clear that the court, as an institution, does not have the jurisdiction to declare this as acceptable. It agreed with the government’s stand that it is up to the Parliament to consider this subject and legislate as per its wisdom, as this is a matter of national policy.
The first law granting the right to same-sex marriage was passed in the Netherlands in 2000. By now, some 34 countries around the world, including the US and the UK, have given legal sanction to same-sex marriages. The US, through law, has granted this right across its provinces since 2015. In recorded history, such marriages took place even in the first Century AD. Islamic nations are strictly against same-sex marriage. Communist nations like China too have restrictions in place. To an extent, this is understandable. Wider acceptance of same-sex marriage could lead to a steep fall in child birth. Several western nations such as Japan are faced with a steady shrinking of their populations. On the positive side, however, western societies are keen on ensuring individual freedom. While Islam and Christianity are rigid in their outlook in many respects, Hinduism does not dictate in any manner about the way a society should live. However, entities like the RSS and its adjuncts that have a larger say in the present central and state dispensations, are showing a fancy to take the society backward – not forward – while glorifying Bharat, or India’s past and its pastoral life. While the Supreme Court has passed the buck to the government, it must be noted that the central government has in recent times acknowledged and accepted some of the LGBTQ rights.
A nation cannot exist without laws. Laws are meant to safeguard individual and collective interests and the interests of the nation – all of which are guaranteed under the Constitution. While steadfastly adhering to laws and amending them to suit emerging situations, it is also incumbent on governments to ensure that law, by itself, does not suffocate the citizens. A clear understanding of human sentiments, relationships and functioning of various institutions is a prerequisite to law-makers, who in the Indian context are people’s representatives. Their collective wisdom should guide the nation and its people on the right lines.
