Hindi English Translation || Editorial || Same rights: On Government’s response to appeals to allow same-sex marriage

Same rights: On Government’s response to appeals to allow same-sex marriage

As relationships change, constitutional (संवैधानिक) rights on freedoms and liberties (स्वतंत्रता, आजादी) must expand

The Supreme Court has sought the Government’s response (प्रतिक्रिया) to appeals to allow same-sex marriage under a special law, in another bid to provide legal sanction to widening social customs. A Bench of CJI D.Y. Chandrachud and Justice Hima Kohli agreed to hear two partners who said the non-recognition of same-sex marriage amounted to discrimination (भेदभाव, विवेक) that struck at the rights of LGBTQIA+ couples. The petitioners cited (To call upon officially or authoritatively to appear (as before a court))  the Special Marriage Act, 1954, which provides a civil marriage for couples who cannot marry under their personal law. Listing the case for hearing, the Court also transferred cases pending before several High Courts to itself. It is a first step towards same-sex marriage, which has been legalised (वैध बनाना) in 30-odd countries, including the U.S. where this July the House of Representatives approved legislation to protect such marriages. This legislative action came amidst (बीच में) concern that an aggressive (आक्रामक) Supreme Court could revisit settled laws after it overturned Roe vs Wade on abortion rights. After the K.S. Puttaswamy verdict (2017) which upheld (बरकरार रखना) the right to privacy and Navtej Singh Johar (2018) that decriminalised homosexuality, there was hope that same-sex marriages would follow, but that has not been the case. At depositions in courts and outside, the Centre has opposed same-sex marriage, and said judicial interference (दखल अंदाजी) will cause “complete havoc (प्रलय) with the delicate balance of personal laws”.

This is perhaps one of the reasons why the Supreme Court may consider allowing same-sex marriage under the Special Marriage Act, and not several other personal laws such as the Hindu Marriage Act. Over the past few years, it has passed a series of judgments that challenged conservative (रूढ़िवादी, अपरिवर्तनवादी) society and brought hope and expanded the scope for people who do not conform (अनुरूप होना) to age-old social norms. Eventually though, even if the Court rules in its favour, the march towards equality for the LGBTQIA+ community will be long and arduous (कठिन, विकट). Enforcing something like same-sex marriage in a diverse country with varying customs and traditions will not be easy. Social mindsets are conservative and so well-entrenched that anyone who feels differently is stigmatised (कलंकित करना, गाली देना), humiliated and ostracised (बहिष्कृत करना, निष्कासित करना). Together with the Court, more needs to be done at the societal level to chip away at conservative views on sex, gender, women and the LGBTQIA+ community. Alongside the call for legalising same-sex marriage, activists have been seeking (Attempt to find something) the extension of the benefits of a traditional marriage to same-sex couples, including the right to adopt children. As people’s relationships change, and society undergoes transformation, constitutional rights on freedoms and liberties must extend to every sphere, including a same-sex couple’s life.

Courtesy: The Hindu

Important Word List With Meaning

1.Response (Noun)

Hindi Meaning - प्रतिक्रिया
English Meaning - An answer or reply in words or action.

2.Constitutional (Adjective)

Hindi Meaning - संवैधानिक
English Meaning - Relating to an established set of principles governing a state.

3.Liberty (Noun)

Hindi Meaning - स्वतंत्रता, आजादी
English Meaning - Freedom from arbitrary control.

4.Discrimination (Noun)

Hindi Meaning - भेदभाव, विवेक
English Meaning - The ability to make fine and minute distinctions.

5.Ostracise (Verb)

Hindi Meaning - बहिष्कृत करना, निष्कासित करना
English Meaning - Exclude (someone) from a society or group.

6.Legalize (Verb)

Hindi Meaning - वैध बनाना
English Meaning - Make (something that was previously illegal) permissible by law.

7.Amidst (Preposition)

Hindi Meaning - बीच में
English Meaning - In the middle

8.Aggressive (Adjective)

Hindi Meaning - आक्रामक
English Meaning - Using or showing force or pressure in order to succeed.

9.Upheld (Verb)

Hindi Meaning - बरकरार रखना
English Meaning - To give support or defend.

10.Interference (Noun)

Hindi Meaning - दखल अंदाजी
English Meaning - The action of interfering or the process of being interfered with.

11.Havoc (Noun)

Hindi Meaning - प्रलय
English Meaning - Widespread destruction/ Chaotic situation

12.Conform (Verb)

Hindi Meaning - अनुरूप होना
English Meaning - Comply with rules, standards, or laws

13.Arduous (Adjective)

Hindi Meaning - कठिन, विकट
English Meaning - Difficult

14.Conservative (Adjective)

Hindi Meaning - रूढ़िवादी, अपरिवर्तनवादी
English Meaning - Tending to maintain existing views.

15.Stigmatize (Verb)

Hindi Meaning - कलंकित करना, गाली देना
English Meaning - Describe or regard as worthy of disgrace or great disapproval.

16.Cite (Verb)

English Meaning - To call upon officially or authoritatively to appear (as before a court).

17.Seeking (Verb)

English Meaning - Attempt to find something.