Natarajan S
If one questions, why should there be marriage rules and acts at all and think how people live is their own right, then we consider Government’s position: The major concerns for the Government are 1. Tax treatment of couple income – is it treated like partnership or what? 2. Wealth and savings of the couple – what happens in the case of conflict between them – and also tax treatment 3. Children out of relationships- responsibility for the children who takes care if problem arises 4. Conflict resolution if couple turn against each other how to share their wealth and responsibilities 5. The relationship of couple with the rest of the society – Decriminalising section 377 is different that was really welcomed by all. But Legalising same sex marriage is different. Argument for the sake of fundamental rights is different but from parent angle practicality facing this situation is different: If your son or daughter wants to marry with same sex partner, how it will affect everything around you and wider society.? How our country will have children? Strategy for population growth or control. IF same sex marriage allowed what are the responsibilities of Govt and the society about future children? Are we have to allow test tube babies or what methods, Is it not too much if we accept everything done through surrogate mothers . The argument that, only fraction will do marry like this wont auger well. We should evolve a total solution rather than piece meal solution. Courts and Govts should form a panel with Parents and same sex marriage advocacy groups to find out the optimum answers for many such questions.
My earlier comments were considering normal male or female allowed going for same sex marriage that is for consideration of a wider parent/govt/court body to discuss and finalise. But For LGBT/Transgender people – it is really a legal right for them that there should be clause in the marriage act. Now the question is whom transgenders will be wanting to marry? If the courts interpret the marriage act to say transgenders can have same sex marriage- then that judgment will not be objected by Govt or parent groups or LGBT. But universal opening up of same sex marriage at this time is not appropriate without resolving all questions I raised.
As I posted on Tuesday my comments and points in different fora, now Thursday SC and Govt are almost coming to the points that I posted to separate same-sex marriage from the LGBT/Transgender fundamental rights issues. On Thursday Supreme Court said recognising same-sex marriage is up to legislature; but asks Centre to devise means to confer rights without marriage label. Govt as represented by Mr.Tushar also of the view that they have to address LGBT rights issues. He goes back to Govt to come up with a solution on the next hearing on 3rd May for the rights issue, which were ignored for hundreds of years. Thats a good progress that has to be watched out on next hearing.