- This topic has 84 replies, 46 voices, and was last updated 1 year, 4 months ago by
.
-
Posts
-
-
-
-
-
UIndian personal laws like marriage and family, runs mostly on religious and cultural sources. It’s absolutely outdated and often outright weird. Even in criminal law, marital rape is not considered an offense. As a law student, Indian law seems very archaic and does not hold up to logic but rather public sentiment. The legislature makes the law and they rely on vote banks to make personal laws, thus majority thinks gay marriage isn’t conventional and similarly they make corporate laws for whoever is lobbying them and so on. India has a bit of decent laws but it’s always in theory never in practice
That’s why a judge had to acquit a man who caused the death of his wife through non consensual intercourse just because it was out of his hands since marital rape wasn’t a crime.
-
WI haven’t read about it but if it’s established that it caused death wouldn’t it count for something?
-
IThe charges against him were for non consensual anal sex. But it is not illegal in our law. So courts can’t really punish him for that.
-
-
IMaybe. I’m not a lawyer but it could be counted as death caused without the intention of causing death. Like in a car accident you hit someone and they die. Maybe?
-
UNot all courts apply the law in the same way but some courts like personally I’ve worked at Delhi and Bombay, they sometimes use the domestic violence act for punitive measures and most people do appeal then high courts ho on the Tangent on being held by law etc etc. It’s very broken for real.
-
-
UThe Supreme court has extraordinary power to deliver any judgment which is just and equitable through 142, so they came up with the concept of irreparable breakdown of marriage which isn’t a law but now can be used. So personally I think when this case reaches the Supreme court, the punishment will be given it may not be the exact same as murder or rape but they will give it
-
-
-
-
-
-
-
-
-
UU even get attacked if u r in a interfaith mrg…like the hydeabad issue now…TN kerala seems safe but cant say fr sure
-
MSafer, not safe. [This happened less than 10 years ago.](https://en.m.wikipedia.org/wiki/Udumalai_Shankar_murder_case)
-
-
-
-
-
-
-
-
-
RIn India, marriage is less of relationship more of an Institution. Marriage is foundation of family. It is more for kids, less for individuals who are married. There are rights and responsibilities related to it. Property rights like Hindu Succession law, maintenace laws, adoption laws all are defined around it.
If gay marriage is legalised, it will create a mess. Courts, government and society will fall in into commotion. That is why they are avoiding it.-
CWhy can’t those laws applicable to gay marriage as well? If a son/daughter gets inheritance how does it matter if they marry someone from same gender or not? are those law so complicated that they can’t be amended to make way for gay marriage?
-
RYes the laws are complicated. It will require complete restructuring of various acts.
Examples:
1. Hindu Marriage Act
Who will become husband, who will become wife?
2.Hindu Adoption act : Currently only married couples and single women are allowed to adopt a child.
Problem : – Men cannot adopt a child so how will male gay couple will do it. Men is prohibited to adopt a child to prevent sex trafficking. If gay marriage is legalised, a lot of sex traffickers can exploit this loophole.
2. Maintenance law : Spouse, kids and parents can claim maintenance. This law in theory is gender neutral but it is the man who pays.Problem : In a lesbian couple who is going to pay maintenace If claimed by other spouse, parents, kids
3. Article 15(3) – This empowers the state to make special provisions for women and children. If gay marriage is legalised, as per article 14 ( right to equality) , the mentioned article has to be scrapped first in order to make gender neutral laws and it will require change in following laws :
1. Section 498a
2. DV act
3. Rape law
4. Maternity benefits
4. Sexual Harassment lawsI am no lawyer but I have given so many points. No down there are other too.
It is going to attract the complete restructuring of large part of Indian Constitution-
CI am no lawyer either. If current laws are not applicable to current times, then should not they be changed accordingly instead of not doing anything ? Not legalizing gay marriage because it is hard to rewrite old laws is just saying, “we are lazy so we will not change anything”. Ex – why does one of them have to be husband or wife? Why can’t men adopt when women can? Risk of women abusing the adopted child are just as high.
-
RA relief for few cannot be a reason to create problems for the majority.
Making the law gender neutral will impact almost half of the population of India. All the Indian women.
Laws are not made like this.-
CGranting gays right to marry does not take away right to marry from others. If a law is helping some but created problems for others then it means it is not well written law. Marriage is an important aspect of life for most. Taking away this right from some because it is difficult to change laws is discrimination in itself. Other countries including south Asian countries have changed their laws to allow gay marriage. So what is stopping India? Could it be vote bank and corrupt politics?
-
-
PSuch a stupid reasoning. Minority law exists for that reason. We routinely change laws to benefit the marginalized.
-
UWe have laws for different religion person’s. Allowing sharia and lgbtq marriage at the same time is not possible..
-
-
-
M>Making the law gender neutral will impact almost half of the population of India.
How? Intimate partner violence is IPV, Sexual assault is SA, inheritance is inheritance, regardless of the gender of the plaintiff. If anything making the laws gender neutral protects more people. The current laws exclude many millions of people from legal relief just because of the close minded attitudes of Victorian-era Brits.
-
RI would say in India Family is the unit of society and not individuals. The west is more based on individualism.
Legal relief has already been provided by scrapping of IPC 377. Marriage is a right not a relief. Marriage is for children. Child is at the core of marriage in India.
How will it be solved. Lesbian can do it but what about Gays?
The only options for Gays is adoption because biologically it’s impossible for them. Adopted child has a completely different psychology. A child needs both male and female energy to grow. Can a gay or lesbian couple provide. Can they save the child from social trauma?Now if remove the concept of child, what is the point of marriage. Two poeple are free to live. IPC 377 is already scapped.
-
MWhoa, okay. Those are some pretty big assumptions.
>Marriage is for children. Child is at the core of marriage in India.
If marriage is for children then childless couples must be penalized, and infertile people should not be allowed to get married at all.
>Adopted child has a completely different psychology
>A child needs both male and female energy to grow.
Got a source for these statements besides “Trust me, bro”?
>Now if remove the concept of child, what is the point of marriage
The point of marriage is inheritance and property rights, not children. It becomes easier for a person to pass their property to children they have raised or to cohabiting partners if it all has the social sanction of marriage. Yes, you can pass property down to non-family as well, but it’s more complicated and is taxed differently.
-
RThat is what I am saying. The point of marriage is inheritance. Inheritance to what. If kids are not involved what is here to tranfer. Also you don’t need marriage for property rights. A spouse cannot make a claim in other spouse’s parents property. Husband cannot make a claim in wife’s ancestral property.
If one wants to make someone a heir in property. Just make a registered will. Why need marriage?
-
-
-
-
-
-
-
U>Men cannot adopt a child so how will male gay couple will do it. Men is prohibited to adopt a child to prevent sex trafficking. If gay marriage is legalised, a lot of sex traffickers can exploit this loophole.
Men can adopt a child. It has to be a male child though.
-
RGet your facts right:
-
UIt literally says in the link:
”
A single female can adopt a child of any gender;A single male shall not be eligible to adopt a girl child”
Men can adopt a child. But not a girl child.
-
RMy bad. I misread it. You are right.
But generally govt never allows single man to adopt a child. Legally they allow but their system do not. -
-
-
-
-
-
-
-
UAs far as I can remember Sc although decriminalized homosexuality refrained from legalizing same sex marriage to avoid excessive encroachment of judiciary in legislature ie making laws.
You’re best bet at marrying your better half as far as my opinion goes lies completely on the hands of current government (although new bench was hearing cases regarding same sex marriage quite some time ago)I hope you do know how the current govt feels about LGBTQ.
-
-
RIts not illegalised, its just that supreme court has asked the parliament to make laws in regards to it. Supreme cannot make a law, or amend it, it can review a law or enforce them by giving a judgement. Here the issue is how to legislate it (framework) of the law, it waay more complicated. Even if you marry your girlfriend nobody is going to put you in jail. Your marriage wont be recognised because there’s legislation yet under which you guys could be put in. You ain’t getting punished to marry whomsoever you want. Chill out.
-
VThere are many complexities involved, such as property rights, inheritance, divorce, and alimony.
The legal system is already overwhelmed with civil cases, with people waiting years for justice. Legalizing same-sex marriage would add further complexity.
Ultimately, what happens in your bedroom is a private matter between consenting adults, so why seek legal approval?
-
MBecause property rights, inheritance, divorce and alimony.
Why should a same-sex partner’s claims to their spouse’s property be different from an opposite-sex partner’s rights? That’s discrimination on the basis of gender.
-
UBecause the Indian state already discriminates on the basis of gender , POSCO act only applies to men , recently an older woman raped a young boy , but she was let go as POSCO is not gender neutral , same with dowry, inheritance laws they are quite gender biased, a lot of the constitution needs to be amended for legalization of same sex marriage.
-
-
-
-
-
-
-
-
UOur leader and their organisation want to show the world they are very liberal like Israel which allows gay marriage and spun a narrative around they are better than there muslim counterparts as they penalize homosexual relationships . Our leader wanted to project that image in the west but he also knows going beyond the abrogating section 377 i.e marriage , is not accepted by their organisation and core voters
-
-
-
-
-
-
-
-
UWhy do you want to get married? With no-fault divorce not a thing and possibility of having to pay alimony for many years, i am not comfortable to get married , and more so in India.
-
UI think I’ve found the right person and I would want to live old with her. I think I should get married abroad tho
-
-
-
-
UI don’t understand why they say it’s complicated because they will have to restructure many other laws. Like, isn’t that your job? Isn’t that what you’re supposed to do?
-
-
-
UYou’ll understand why they don’t do anything about this once you see that their core agenda is not good governance but is all about creating a religion-based nation.
They just need to appear to be working on governance since at least some of India’s population cares more about good services than religion. Hence the massive number of ads featuring the top brass claiming all sorts of amazing development, when we all know the reality.
-
-
-
Pit’s not illegal, its just not recognised. Meaning, you can openly be gay with your partner & the govt won’t put you in jail like some middle eastern / African countries do.
What’s the loss?
The definition of marriage doesn’t include same sex couples as of today, so you won’t get the benefits that married folks get – because the system hasn’t updated / figured out how to implement it. So most laws / benefits around marriage won’t apply to you. You’ll miss out on tax benefits, joint accounts or loans, marital or divorce laws, alimony concepts etc.What’s next?
The judiciary & parliament has to work together to pass a bill & law which defines gay couples & based on how they define it, gay couple may or may not get all the benefits mentioned above.You can still get married in a sentimental sense, throw a big fat Indian wedding, but if you go to a court for a marriage certificate, you won’t get it, but I hear the closest certificate for gay couples is some affidavit / agreement which states you both will live together. Govt or law won’t punish you for being gay
-
-
SIt’s not illegal. You can marry whomever you want and live with them, just not get the certificate from government. More problematic is the society you’d be living in which will not change in another 100 years – so worry about that more. I don’t even know why you’d want to legalize a gay marriage given most don’t legalize (as in get a certificate) for straight marriages unless they want a passport or something. You can work your way out of most things without a marriage certificate.
-
IIn a country that is trying to make everyone submit to hindu personal laws in the name of ucc, you really think they are gonna legalize homosexual marriages!
These old minds don’t count anyone other than a biological female as the victim and biological males as culprits of rape. You think they are gonna legalize homosexual marriages!
A judiciary that thinks it’s better to give custody of child to a immoral mother than the father or grandparents, you think they are gonna legalize homosexual marriages!
As much as we want to act otherwise, the country is plagued with conservative mindset.
-
-
-
-
-
-
-
-
Uif you compare two consenting adults being in a relationship to eating shit then you should not be allowed to vote.
-
-
-
-
-
-
