#SameSexMarriage : Drushti Stree Adhyayan Prabodhan Kendra conducts survey, ask people to join

25 Apr 2023 12:13:13
Amid an ongoing debate on whether same-sex marriage should be allowed legally, Drushti Stree Adhyayan Prabodhan Kendra a social organisation researching women-related issues is conducting a survey on the issue.
 
Same sex marriage  
 
It should be noted that Drishti Stree Adhyayan Prabhodhan Kendra, is a women’s study centre. It has been working for more than two decades in researching and understanding the vital and important issues regarding women’s status in society. They study the different aspects related to women and recognise the entry of women in various fields and the development of those who are already active in these fields.

Before going further we first need to understand what is the same-sex marriage issue
 
India’s Supreme Court has begun hearing a clutch of petitions urging the court to validate same-sex marriage in the country. A five-judge constitutional bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha is hearing the arguments. The pleas are seeking recognition of same-sex marriage under the Special Marriage Act, Foreign Marriage Act and the Hindu Marriage Act.
 
What is the issue
 
On November 25 last year, two gay couples approached the top court seeking recognition of same-sex marriage under the Special Marriage Act, following which the court issued notices on the plea. They wanted the court to make provisions so that the Special Marriage Act be made gender-neutral by striking out gender-or sexuality-based discrimination. The apex court had noted that a similar case was taken by the Kerala High Court, in which the Union Government made a statement through the Deputy Solicitor General that the ministry was taking steps to get all the writ petitions, including the writ petition before the High Court of Delhi, transferred to the SC.
 
Then, a two-judge bench led by Chief Justice DY Chandrachud issued a notice and sought a response from the central government, and the Attorney General for India. Later on January 6, 2023, the apex court ordered the transfer of all petitions seeking legal recognition for same-sex marriages pending before different high courts.

What is the government's opinion?
The Narendra Modi-led Bharatiya Janata Party (BJP) government has opposed in the Supreme Court a batch of pleas seeking legal validation of same-sex marriage, saying it would cause complete havoc with the delicate balance of personal laws and accepted societal values. In an affidavit filed before the apex court, the government submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country.
 
Calling the petitions seeking the right to same-sex marriage an “urban elitist concept far removed from social ethos of the country”, the submission filed by the government stated that recognition of marriage is essentially a legislative function and that the courts should refrain from deciding.
 
Recently, Bar Council of India (BCI) on Sunday held a joint meeting with all the State Bar Councils in the country and passed a resolution related to the issue of same-sex marriage. BCI has resolved to request the Supreme Court of India to leave the same-sex marriage issue for legislative consideration.
 
Coming back to the point, now the organisation which is conducting this survey has said that the purpose behind the survey is to study and analyse the thoughts of the people over the issue. The survey is done purely for academic purposes and respondent information will be kept confidential.
 
The participants who are above age 18 can take part in the suvery. They were asked to respond to the following statement like, Is same sex marriage issue, a serious and Do you believe same sex relationship is a natural phenomenon?.They were expected to answer with any one of the Yes or No form.
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