Why Marriage Equality Is Not At All - amazonia.fiocruz.br

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Why Marriage Equality Is Not At All Video

Debunking the Marriage Equality Dissents

Since January, a petition challenging the applicability of the Special Marriage Act,to heterosexuals has been pending in the Kerala High Court. On September 8, another petition was filed in the Delhi High Court seeking recognition of gay marriages within the Hindu Marriage Act,by intersex rights activist Gopi Shankar, the founder of lesbian collective Sakhi, Giti Thadani, transgender rights activist G Oorvasi and writer Abhijit Iyer Mitra.

The petition invoked Articles 14 equality21 life and personal libertyand 25 freedom of religionarguing that the right to marry was thus part of the fundamental rights of Hindu LGBT Lesbian, Gay, Bisexual, Transgender couples. But there is much more to the issue of marriage equality than seeking it for only for Hindu LGBT persons. How one chooses to demand change — and for whom — is crucial.

For one, calling Marroage same-sex marriage is trans-exclusionary, because not every trans person identifies within the binary gender formulation. Hence, same-sex points to gay or lesbian couples, but excludes transmen, transwomen and other gender queer identities. Marriage equality, at a bare minimum, must allow consenting adults to enter into this form of partnership, irrespective of their sexual orientation or gender identity, across castes Why Marriage Equality Is Not At All religions.

The right to individual autonomy with respect to choosing a partner go here been read into constitutional articles by the Supreme Court in path-breaking judgments such as the Hadiya case. Countless other inter-caste, inter-religious and intra- gotra couples have faced violence, and even been murdered. The feminist movement has critiqued the unequal power structures within the institution of marriage, which the courts have tried to balance through judgments over decades.

The inequality written into the institution is both a function of social norms as well as regressive legislation, such as the non-criminalisation of marital rape and the failure of the executive to right this wrong. Perhaps a more radical solution needs to be imagined: A partnership of equals in a format that empowers individuals whether straight or queer, married or in live-in relationships, to form contracts that they choose, whether of property or insurance or to avail tax benefits, and where religion, caste and gender identity are irrelevant.

It also cannot continue to be left to the courts to do the duty of the executive. The State must step up to its responsibility in guaranteeing constitutional rights, ensuring that a free choice to enter egalitarian legal partnerships is granted, upheld and protected.

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The State must guarantee constitutional rights and ensure that a free choice to enter egalitarian legal partnerships is granted, upheld and protected Shutterstock analysis. Enter your email Mariage get our daily newsletter in your inbox Subscribe Now. Get our daily newsletter in your inbox Subscribe. Thank you for subscribing to our daily newsletter. File photo analysis. By Chetan Chauhan. Stone quarrying, blasting of mountains and digging of tunnels in the base of the mountain system for two dams on Rishi Ganga and Dhauli Ganga rivers played havoc with the local ecology.]