Hindi English Translation || Editorial || Inaction and intervention: On the handling of social issues

Inaction and intervention: On the handling of social issues

Legislative inaction (निष्क्रियता) on social issues will legitimise (वैधता) judicial intervention (हस्तक्षेप)

The Supreme Court’s decision to refer to a Constitution Bench (संविधान पीठ) the issue of granting legal recognition (मान्यता) to same-sex marriages can be seen as an important step towards ensuring gender equality (लैंगिक समानता), despite apprehension (आशंका) that it is encroaching (अतिक्रमण करना) on the legislative (विधि संबंधी) domain (कार्यक्षेत्र). Petitioners before the Court view the idea of giving of legal status for marriages between people belonging to the same sex as a natural consequence (परिणाम) of the 2018 judgment decriminalising (to stop something from being illegal; make legal, legitimate, validate) homosexuality. The government, however, contends that there is no need to depart from (से हटना) the heteronormative understanding (समझ) of marriage. And even if there ought to (करना चाहिए) be such a change, it must come from the legislature (विधानमंडल). The question before the Court is whether it should interpret (explain, elucidate, clarify, make clear) provisions of marriage laws in India, especially the Special Marriage Act (a legislation to govern marriages that could not be solemnised/performed according to religious customs/traditions - which essentially meant inter-faith or inter-caste marriages), 1954, as permitting marital (relating to marriage/wedding) unions between same-sex couples. The Act allows the solemnisation (a formal ceremony, especially that of marriage) of a marriage between any two persons and is used by those who are unable to register their marriages under their respective personal laws. The Union government has argued that the decriminalisation (the process of making something as a legal/legitimate one) of consensual (relating to consensus/consent; in agreement with those who involved) relations between adults of the same sex has removed the stigma (shame, disgrace, dishonour, discredit; Stigma occurs when society labels someone as disgraced or less desirable. Stigma involves three elements; a lack of knowledge (ignorance), negative attitudes (prejudice) and people behaving in ways that disadvantage the stigmatised person (discrimination)) attached to homosexuality, but has not conferred (grant, bestow, present/give) the right of marriage. And that the state (the government, the administration, the regime, the authorities, the Establishment) is entitled (authorize, allow, empower) to limit its recognition to marriages involving heterosexual couples. There is no discrimination, it claims, in keeping same-sex couples out of the definition of marriage.

In terms of (with regard to, regarding/concerning, in connection with) the equality (equal rights, equal opportunities, non-discrimination) norm (standard, convention, regulation), the central question is not very complicated. It can be recognised (acknowledge, accept, admit something (existence, validity, or legality)) that no civil right (civil rights are the rights of individuals to be protected against unfair treatment based on certain personal characteristics like race, gender, age, or disability. Governments enact civil rights laws to protect people from discrimination in social functions such as education, employment, housing, and access to public accommodations) available to married heterosexual couples ought to be denied to those who belong to the same gender. The incidental (unplanned, unexpected, inadvertent, accidental) consequences on issues of property and succession (line of descent, descent, ancestry, lineage, heritage, background) may not pose (constitute, present, create, cause (a problem or danger or risk)) insurmountable difficulties. The Centre’s other argument, invoking (cite, refer to, adduce, use, put into effect, turn to, resort to) religious norms and cultural values, against recognising same-sex marriages is weak and inadequate. It is futile (pointless, useless, valueless) to argue that it will undermine (weaken, subvert, sabotage, damage) faith (religion, religious belief, belief/ideology) or rock (stun, shock, shake up, surprise) societal (relating to society or social relations; public) values. The mere fact that many people consider marriage to be a sacrament (a religious symbol, a religious rite, a religious act; ritual, ceremony, observance, practice) or a holy union is not enough to deny equal status to the union of people of the same sex or to undermine its essential character as a social and economic contract (agreement, deal, pact). Whether the remedy (solution, answer, antidote/panacea) ought to take the form of recognition of same-sex marriages, and, if so, whether it should be through judicial intervention or legislative action, is the question. That the legislature should be involved in bringing about far-reaching changes that may impact the personal laws of all religions is indeed (in fact, actually, undeniably) an acceptable proposition (theory, concept, premise, idea, assumption). A responsive (receptive, approachable/accessible, answering) government that wants to treat this as a matter of policy and not cede (concede, relinquish, yield, give up) space to the courts would act on (comply with, follow, obey, conform to, adhere to, abide by) its own to consider the right of any two people, regardless of (in the face of, notwithstanding, in spite of, despite) gender, to marry or found a family. Legislative inaction on burning social issues will legitimise and invite judicial intervention.

Courtesy: The Hindu

Important Word List With Meaning

1.inaction (noun)

Hindi Meaning - निष्क्रियता
English Meaning - inactivity, passivity, apathy, negligence, disregard.

2.intervention (noun)

Hindi Meaning - हस्तक्षेप
English Meaning - the process of intervening in something; involvement, interference.

3.legislative (adjective)

Hindi Meaning - विधि संबंधी
English Meaning - relating to a legislature; law-making (body), parliamentary, policy-making, administrative.

4.legitimise (verb)

Hindi Meaning - वैधता
English Meaning - validate, legitimate, justify.

5.Constitution Bench (noun)

Hindi Meaning - संविधान पीठ
English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist).

6.recognition (noun)

Hindi Meaning - मान्यता
English Meaning - (formal) acknowledgement, official approval, acceptance, admission, validation.

7.gender equality/parity/equity (noun)

Hindi Meaning - लैंगिक समानता
English Meaning - It is the view that everyone should receive equal treatment and not be discriminated against based on their gender (sex).

8.apprehension (noun)

Hindi Meaning - आशंका
English Meaning - doubt, misgiving, disquiet, concern.

9.encroach (verb)

Hindi Meaning - अतिक्रमण करना
English Meaning - intrude, violate, infringe, trespass, obtrude.

10.domain (noun)

Hindi Meaning - कार्यक्षेत्र
English Meaning - area (of activity); realm, field, area.

11.consequence (noun)

Hindi Meaning - परिणाम
English Meaning - outcome, ramification, repercussion.

12.depart from (verb)

Hindi Meaning - से हटना
English Meaning - diverge, digress, deviate, turn away, vary, change.

13.understanding (noun)

Hindi Meaning - समझ
English Meaning - perception, comprehension, knowledge, awareness; feeling, consideration.

14.ought to (modal verb)

Hindi Meaning - करना चाहिए
English Meaning - must, should.

15.legislature (noun)

Hindi Meaning - विधानमंडल
English Meaning - law-making body or governing body; parliament, congress, council, assembly.

16.handling (noun)

English Meaning - control, leadership, management, administration.

17.Bench (noun)

English Meaning - a court of law with a number of judges.

18.decriminalise (verb)

English Meaning - to stop something from being illegal; make legal, legitimate, validate.

19.contend (verb)

English Meaning - claim, argue, state, assert, insist.

20.heteronormative (adjective)

English Meaning - relating to the belief that people fall into distinct and complementary genders (male and female) with natural roles in life.

21.interpret (verb)

English Meaning - explain, elucidate, clarify, make clear.

22.provision (noun)

English Meaning - clause, (legal) term, stipulation, requirement, condition.

23.Special Marriage Act (1954) (noun)

English Meaning - a legislation to govern marriages that could not be solemnised/performed according to religious customs/traditions - which essentially meant inter-faith or inter-caste marriages.

24.marital (adjective)

English Meaning - relating to marriage/wedding.

25.act (noun)

English Meaning - law, decree, statute, bill, Act of Parliament, fiat, dictum, resolution, ruling, rule, ordinance.

26.solemnisation (noun)

English Meaning - a formal ceremony, especially that of marriage.

27.decriminalisation (noun)

English Meaning - the process of making something as a legal/legitimate one.

28.consensual (adjective)

English Meaning - relating to consensus/consent; in agreement with those who involved.

29.stigma (noun)

English Meaning - shame, disgrace, dishonour, discredit; Stigma occurs when society labels someone as disgraced or less desirable. Stigma involves three elements; a lack of knowledge (ignorance), negative attitudes (prejudice) and people behaving in ways that disadvantage the stigmatised person (discrimination).

30.confer (verb)

English Meaning - grant, bestow, present/give.

31.the state (noun)

English Meaning - the government, the administration, the regime, the authorities, the Establishment.

32.entitle (verb)

English Meaning - authorize, allow, empower.

33.keep out of (phrase)

English Meaning - to stop or prevent (something) from (something else).

34.in terms of (phrase)

English Meaning - with regard to, regarding/concerning, in connection with.

35.equality (noun)

English Meaning - equal rights, equal opportunities, non-discrimination.

36.norm (noun)

English Meaning - standard, convention, regulation.

37.recognise (verb)

English Meaning - acknowledge, accept, admit something (existence, validity, or legality).

38.civil rights (noun)

English Meaning - civil rights are the rights of individuals to be protected against unfair treatment based on certain personal characteristics like race, gender, age, or disability. Governments enact civil rights laws to protect people from discrimination in social functions such as education, employment, housing, and access to public accommodations.

39.incidental (adjective)

English Meaning - unplanned, unexpected, inadvertent, accidental.

40.succession (noun)

English Meaning - line of descent, descent, ancestry, lineage, heritage, background.

41.pose (verb)

English Meaning - constitute, present, create, cause (a problem or danger or risk).

42.insurmountable (adjective)

English Meaning - unassailable, unbeatable, unstoppable, overwhelming, hopeless, impossible; no way to overcome/defeat.

43.invoke (verb)

English Meaning - cite, refer to, adduce, use, put into effect, turn to, resort to.

44.futile (adjective)

English Meaning - pointless, useless, valueless.

45.undermine (verb)

English Meaning - weaken, subvert, sabotage, damage.

46.faith (noun)

English Meaning - religion, religious belief, belief/ideology.

47.rock (verb)

English Meaning - stun, shock, shake up, surprise.

48.societal (adjective)

English Meaning - relating to society or social relations; public.

49.sacrament (noun)

English Meaning - a religious symbol, a religious rite, a religious act; ritual, ceremony, observance, practice.

50.contract (noun)

English Meaning - agreement, deal, pact.

51.remedy (noun)

English Meaning - solution, answer, antidote/panacea.

52.bring about (phrasal verb)

English Meaning - cause, create, give rise to.

53.far-reaching (adjective)

English Meaning - extensive, profound, radical, comprehensive, sweeping, all-embracing.

54.indeed (adverb)

English Meaning - in fact, actually, undeniably.

55.proposition (noun)

English Meaning - theory, concept, premise, idea, assumption.

56.responsive (adjective)

English Meaning - receptive, approachable/accessible, answering.

57.cede (verb)

English Meaning - concede, relinquish, yield, give up.

58.act on (phrasal verb)

English Meaning - comply with, follow, obey, conform to, adhere to, abide by.

59.act on one’s own (phrase)

English Meaning - to act oneself without being asked to by someone in power; to behave in a more mature way.

60.regardless of (adverb)

English Meaning - in the face of, notwithstanding, in spite of, despite.