Lok Sabha MP Supriya Sule on Friday introduced 'The Special Marriage (Amendment) Bill, 2022' as a Private Member's Bill which aims to provide equal marriage rights to LGBTQIA+ individuals.
Seeking an amendment to the Special Marriage Act, the Bill says that "this Act may be called the Special Marriage (Amendment) Act, 2022 and it shall come into force at once."
Justifying the reason for the Bill, the Baramati MP in a statement said, "In the year 2018, the Supreme Court of India struck down an archaic, draconian legislation of the Indian Penal Code, 1860 namely section 377. Through this landmark judgement (Navtej Singh Johar vs. Union of India), homosexuality was effectively decriminalised. While this was a much needed, progressive leap forward, LGBTQIA individuals still face persecution, discrimination and social stigma within society."
Justice DY Chandrachud in Justice KS Pattaswamy (Retd) vs Union of India observed that 'family, marriage, procreation and sexual orientation are all integral to the dignity of the individual. Above all, the privacy of the individual recognizes an inviolable right to determine how freedom shall be exercised, she stated.
While the determination of one's sexual orientation has been realised, the Nationalist Congress Party (NCP) MP said LGBTQIA individuals are still unable to marry and create their own families.
"In addition, LGBTQIA couples have no access to rights that heterosexual couples are entitled to upon marriage, such as succession, maintenance and pensions, etc. Therefore, it is of the utmost importance to amend the Special Marriage Act, of 1954, to legalise same-sex marriage, and provide legal recognition to married LGBTQIA couples. It will ensure that article 14 and article 21 of the Constitution are upheld, and ensure that LGBTQIA couples are provided with the rights they are entitled to."
In 2018, the Supreme Court struck down Section 377 of the Indian Penal Code (IPC) which criminalised homosexuality.
Earlier, the Centre had earlier told Delhi High Court that the acceptance of the institution of marriage between two individuals of the same gender is neither recognized nor accepted in any uncodified personal laws or any codified statutory laws.
( With inputs from ANI )
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