September 8,2018:

After Supreme Court partially struck down Section 377 of Indian Penal Code, LGBT community states that next step in the legal fight will be for civil rights such as same-sex marriage, inheritance of property, and sharing insurance, among others.

Central Government  has indicated that it is likely to oppose any petition for same-sex marriage.

“If equality of LGBTQ persons is now a fundamental right, then right to marry, bequeath property, share insurance (medical and life) are all part of this. We are asking for rights respect and dignity and it is unconstitutional and impudent to deny that. I am astounded at people who say that we cannot get these rights,” said Sunil Mehra, a petitioner in the section 377 case.

A government functionary, who spoke on the condition of anonymity stated that, “Decriminalisation of same-sex acts was fine but the government would oppose any demand to legalise same-sex marriage.”

493-page SC judgment has spoken at length about how social norms cannot regulate constitutional liberties and affirmed the rights of the community without going into the question of civil rights.

Government counsel in July had asked the court to limit itself to Section 377, and not expand to civil rights.

Anand Grover, Senior Advocate and a lawyer in the case, agreed that question of civil rights was likely to come up soon but added that it was a wide gamut of issues – from workplace discrimination in the private sector and anti-sexual harassment statutes to rape laws and marriage, adoption and property rights.

He further added that,“The demand has to come from the community. We should be ready, and we will be a part of the case”.

Source HT

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