Explain why the legalization of same-sex unions is being referred to as a matter of fundamental significance, highlighting current patterns in Indian marriages. (Answer in 150 words)
Secularism in India does not mean a strict separation of religion from the state. Instead, the state supports or participates in a neutral manner in the affairs of all religious groups, considering the philosophy of "Sarva Dharma Samabhava" (equal respect for all religions). The central characteristRead more
Secularism in India does not mean a strict separation of religion from the state. Instead, the state supports or participates in a neutral manner in the affairs of all religious groups, considering the philosophy of “Sarva Dharma Samabhava” (equal respect for all religions).
The central characteristic of Indian secularism is that the State maintains a principled distance from all religions. It means that though the State is institutionally separated from religion and often engages with religion within the constitutionally and legally prescribed parameters. India’s secular approach has remained that of a ‘principled distance’ and not of ‘equi-distance’, as is evident from the following:
- For the promotion of a particular value constitutive of secularism, some religions, relative to other religions, may require more interference from the State.
- For example, to promote social equality, the State interfered in Hindu religion in order to resolve issues related to caste-based exclusions. In this regard, untouchability was abolished under Article 17 of the Indian Constitution.
- The Indian State subsidizes different religious pilgrimages (albeit not necessarily to the same extent), including Sikhs going to Nankana Sahib Gurudwara at Kartarpur in Pakistan, Hindus visiting Amarnath Cave in Jammu and Kashmir, and Muslims going to Mecca for Hajj (until 2018).
- The State also contributes financially to major religious celebrations, for instance, the Uttar Pradesh government allocated Rs 4200 crore for the Kumbh Mela in 2019.
- The State reformed Hindu personal laws according to a series of new Hindu Code Bills, without imposing similar changes on religious minorities.
- For instance, an Act that was enacted to prohibit polygamy among the Hindus was held valid because polygamy was not an essential and integral part of the Hindu religion. However, polygamy is still permitted among Muslims.
- Similarly, Sati and Devadasi systems practised among the Hindus and instant ‘triple talaq’ among the Muslims have been abolished, as these were not deemed essential aspects of the respective religions.
- On the basis of reasonable classification based upon religious persecution, the State brought the Citizenship Amendment Act, which grants citizenship to migrants belonging to Hindu, Sikh, Buddhist, Christian, Jain, and Parsi communities but does not include Muslims in its purview.
- The Constitution of India prohibits using taxes for religious purposes, (Article 27) but for looking after the welfare of minorities, the Ministry of Minority Affairs has been created, which implements various schemes to provide financial assistance for minority religions specifically.
A State interfering in one religion more than the others does not automatically depart from secularism. Indian secularism rejects the one-size-fits-all assumption and believes in the idea of respectful transformation of religions depending upon the maintenance of social fabric, as well as the State’s capacity to bring about progressive changes in a rightful manner.
See less
Marriage is an institution admitting men and women to family life, with the implied purpose of parenthood and establishment of a family. The institution has social approval and religious sanction. But, in the present times, the meaning of marriage and relationships is starting to change. The major cRead more
Marriage is an institution admitting men and women to family life, with the implied purpose of parenthood and establishment of a family. The institution has social approval and religious sanction. But, in the present times, the meaning of marriage and relationships is starting to change.
The major changes observed in the matrimonial system in India can be identified as follows:
The most recent trend with respect to the marriage system in India is related to the issue of same-sex marriages. The Supreme Court of India has received multiple petitions for legal recognition of same- sex marriages under the Special Marriage Act, 1954 and to extend the right to the LGBTQIA+ community by making marriage between any two persons gender- neutral.
The issue is of seminal importance due to the following reasons:
At the same time, there are certain concerns with respect to legalizing of same-sex marriage, such as:
Enforcing same-sex marriage in a diverse country like India will not be easy as the structures and attitudes entrenched over generations will require a conscious attempt to open minds in order to change.
See less