Centre to form panel to look into LGBTQIA+ community issues
The central government has agreed to set up a committee to address "genuine human concerns" faced by members of the LGBTQIA+ community in their day-to-day lives, according to the news agency ANI. The panel will be headed by the Union Cabinet Secretary, the Centre informed the Supreme Court during the arguments over the legalization of same-sex marriages on Wednesday.
Why does this story matter?
This significant development came after the government urged the apex court last week to consider leaving the decision regarding marriage equality for the LGBTQ+ community to the legislature. The SC is currently reviewing a batch of petitions seeking marriage equality for the LGBTQ+ community. In 2018, it decriminalized consensual gay sex, recognizing the liberty of homosexual adults.
Here's what Solicitor General Mehta told SC Constitution Bench
"Issue was some genuine human concerns and discussion was if something can be done administratively. Government is positive. This would need coordination by different ministries," Solicitor General Tushar Mehta told the apex court's Constitution bench as per The Print. "A committee headed by the cabinet secretary will be formed and suggestions given by the petitioners (LGBTQIA+ members) will be addressed," added Mehta.
Committee to be headed by Union Cabinet Secretary
Here's what SC said last week on marriage equality
While hearing the argument over marriage equality for the LGBTQ+ community last week, the SC stated that it's time to update the laws. The statement came after Mehta, representing the Centre, argued that legal terms can't be gender-neutral. The central government has maintained its stand that marriage is a legislative subject and beyond the judiciary's ambit.
Adoption laws follow gendered definitions: Mehta
Mehta cited the Indian Penal Code (IPC) during the arguments for the definitions of woman and man. To back his argument regarding gendered language, Mehta also stated that adoption laws have gender-based eligibility criteria. He also referred to the Domestic Violence Act, claiming that the aggrieved individual referred to in the act is presumed to be a female.
Petitioners seek marriage equality for social security, adoption rights
The petitions seek marriage equality for queer unions under the Foreign Marriage Act, Special Marriage Act, and the Hindu Marriage Act. Non-recognition of queer marriages prevents LGBTQ+ people from accessing adoption rights, medical autonomy, and social security benefits, as enjoyed by heterosexual couples. The Centre has, however, maintained that LGBTQ+ marriages are incompatible with the heteronormative concept of an Indian family unit.
