NCP MP Supriya Sule in the Lok Sabha during the second part of Budget Session of Parliament, in New Delhi, Friday, March 25, 2022. (SANSAD TV/PTI Photo)NCP leader Supriya Sule on Friday introduced a private member’s Bill that seeks to give equal rights of marriage to the LGBT community. The Bill proposes that after Section 4 of the Special Marriage Act, 1954, an insertion be made that “notwithstanding anything contained in this Act or any other law for the time being in force, a marriage between any two persons of same sex may be solemnized under this Act”.
The only condition the Bill puts is that if the partners are male, they should be at least 20 years old, and women partners at least 18 years of age. The Bill also seeks to replace all references in the Special Marriage Act to “husband and wife” with the word “spouse”.
“In 2018, the Supreme Court struck down an archaic, draconian legislation of IPC — Section 377. Through this landmark judgment, Navtej Singh Johar v Union of India, homosexuality was effectively decriminalised. While this was a much-needed, progressive leap forward, LGBTQIA+ individuals still face discrimination and social stigma within society,” Sule said in a series of tweets after introducing the Bill.
“Therefore, it is of utmost importance to amend the Special Marriage Act, 1954, to legalise same-sex marriage, and provide legal recognition to married LGBTQIA couples. Doing this will ensure that Article 14 and Article 21 of the Constitution are upheld, and ensure that #LGBTQIA+ couples are provided with the Equal rights they are entitled to,” she added.
The statement of Objects and Reasons of the Bill says, “While the determination of one’s sexual orientation has been realised, 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 utmost importance to amend the Special Marriage Act, 1954, to legalise same-sex marriage, and provide Iegal recognition to married LGBTQIA couples.”