Model Answer

Introduction

Marriage in India has traditionally been an institution focused on family life, parenthood, and social approval. However, recent trends indicate significant changes in this institution.

Changing Trends in Marriage

1. Varied Criteria for Partner Selection: Today, individuals place greater emphasis on personal interests, such as lifestyle preferences, career status, and social circles, rather than traditional family considerations like caste and ethnicity.
2. Increase in the Age of Marriage: The pursuit of higher education and stable careers has led to a rise in the average age of marriage, as individuals prioritize personal and professional growth before settling down.
3. Rising Divorces: An increase in individualistic lifestyles has resulted in more disagreements and disputes, contributing to higher divorce rates and desertion.

The most significant recent trend is the push for legal recognition of same-sex marriages. The Supreme Court of India has received multiple petitions seeking to amend the Special Marriage Act, 1954, to allow for gender-neutral marriages.

Importance of Legal Recognition

1. Rights Associated with Marriage: Despite the decriminalization of homosexuality in 2018, same-sex couples face obstacles in accessing fundamental rights such as inheritance and social security benefits due to the absence of legal marriage.
2. Right to Equality: Articles 14 and 15 of the Indian Constitution prohibit discrimination based on sex. The Supreme Court’s ruling in the Navtej Singh Johar case (2018) interpreted “sex” to include sexual orientation, reinforcing the need for equality.
3. Right to Privacy: The Supreme Court affirmed the right to privacy, which encompasses personal intimacies and the sanctity of family life, in the K.S. Puttaswamy case (2017). This includes the right to choose one’s partner.
4. Issues Regarding Children: Legal barriers to adoption and surrogacy for same-sex couples create uncertainty about family structures and children’s rights.

Concerns Regarding Legalization

While there are compelling arguments for recognizing same-sex marriage, concerns remain, such as:

• Legal Issues: The traditional definition of marriage in India presupposes opposite-sex unions, and changing this may disrupt established social norms.
• Cultural Ethos: There is concern that legalizing same-sex marriage might challenge cultural values and family structures.
• Procreation: Traditional views of marriage emphasize procreation, leading to arguments against the feasibility of same-sex couples.

In conclusion, legal recognition of same-sex marriage is crucial for ensuring equality, privacy, and basic rights for all citizens in India, while also navigating the complex societal landscape.