Page13, GS1, Social Issues | GS2- Polity & Governance

Page7, GS1, Social Issues | GS2- Polity & Governance

Page7, GS1, Social Issues | GS2- Polity & Governance

Page13, GS1, Social Issues | GS2- Polity & Governance

The Supreme Court has rejected the plea for same-sex marriage.

Queer Couples Entering into Special

Right to Adopt
Right to Marry Civil Union Marriage Act

Why these article important?

An overview of
Related to GS1 and How SC acknowledged
arguments around More utility in Mains
GS2 ‘separation of powers’
Same Sex Marriage
 #CSLIVE

Q Identify correct statements in context of same sex marriage and

adoption laws in India:
1. Unmarried individuals in India are not allowed to adopt a child.
2. Right to Marry is a Constitutional Right in India.
3. India has a provision of ‘Civil Union’ for same sex couple which allows them
to similar to married couple.
Select the correct answer using codes given below:
a) Only 1 statement is correct
b) Only 2 statements are correct
c) All are correct
d) None are correct
Answer: D
“CSLIVE Group”
Main Issue Argument Minority View Majority View
Marriage to be considered • Did not agree with • Differentiated b/w
as Fundamental Right argument. something being
• Marriage not fundamentally
fundamental in itself & important and
its regulation by law something being
Fundamental Right to accords it a socio-legal enforceable
Marry significance. fundamental right
• US interpretation of
‘Right to Marry’ as
essential to pursuit of
happiness flawed.
Asked SC to use term • Court could not enter • Court could not
Spouses instead of ‘Man’ into the Realm of interpret same sex
and ‘woman’ Legislature. couples since the
Special Marriage Act Strike Down Gender • Striking down gender objective of legislation
Restrictive Provisions restrictive provisions is not to include same-
would render the act sex couples within the
redundant. realm of marriage.
Main Issue Argument Minority View Majority View
Right to adopt a Guidelines of Central • Certain CARA • Agreed with
Child Adoptive Resource regulations struck Discriminatory
Authority (CARA) down that precluded Aspect of preventing
A couple only with 2 years unmarried couples from Queer Couples from
of stable marriage allowed adopting a Child. adopting children.
to adopt • State unable to prove • Couples tied together
Indian Laws: Queer can that precluding in marriage do not
adopt individually (but a unmarried couple from become superior
male cannot adopt gir adopting is in Child’s parents automatically
child while female can best interest. per se
adopt any) • Law cannot make • However, the change
assumption on must come from
good/bad parenting Legislature and not
based on sexuality. the judiciary.
Option to form Civil Union not an equal Intimate association comes Beyond Judicial Realm.
Civil Union alternative to Marriage from freedom of speech & Not upto judiciary to give
expression. Committee to set right to civil union
out rights of queer couple
 IMPORTANT THINGS TO KNOW

CIVIL Union

• Civil Union is a marriage like legal sanction provided to two individuals generally of same sex.
• Since same sex marriage is outside the scope of religion-based definition of marriage, Civil
Union is a tool devised to grant similar legal protection to the couples who opt for the same sex
marriage.
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Page11, GS1, Social Issues | GS-2 Polity and Governance

For the first time, the Supreme Court verdict on same-sex marriage puts the ideas of civil unions, domestic
partnerships and cohabitation agreements in public consciousness.

Why is this article important?

An overview of
Related to GS1 and Role of Supreme Court
arguments around More utility in Mains
GS2 in Social Awakening
Same Sex Marriage
 #CSLIVE

Q Which of the following cases in India decriminalized homosexuality for

the first time:
a) Naz Foundation Case
b) Navtej Singh Johar Case
c) Lily Thomas Case
d) KA Najeeb Case
Answer: A
 IMPORTANT THINGS TO KNOW

Narrative on Queer Rights

• By recognizing non-heterosexual relationships and articulating

that they are deserving of equal rights and state protection.

Majority Verdict

• Did not find merit in even allowing civil unions, but agreed that Not to preclude queer persons
the Court’s finding is that there are limitations to what judicial from celebrating their
commitment to each other
intervention can resolve.

• The capacity of non-heterosexual couples for love, commitment and responsibility is no less worthy
of regard than heterosexual couples
 3rd Eye Angle

Naz Foundation Case (2009)

• The Landmark judgment given by Delhi High Court stated that

Section 377 violates Articles 14, 15, and 21.

Suresh Kumar Koushal Case (2013)

• SC overturned the previous judgment by Delhi High Court (2009) that decriminalised
homosexual acts and criminalised homosexuality once again.
• SC argued that in 150 years, less than 200 persons had been prosecuted under Section 377.
• Therefore, "plight of sexual minorities" could not be used as argument for deciding
constitutionality of law.
 3rd Eye Angle
K. Puttaswamy Case (2017)

• SC ruled that Fundamental Right to Privacy is intrinsic to life and liberty and thus, comes under Article
21 of the Indian constitution.
• SC declared that bodily autonomy was an integral part of the right to privacy.
• This bodily autonomy has within its ambit sexual orientation of an individual.

Navtej Singh Johar vs. Union Of India (2018)

• Dismissed the position taken by SC in Suresh Kumar Koushal case (2013) that the LGBTQ community
constitute a minuscule minority and so there was no need to decriminalise homosexual sex.
 3rd Eye Angle
National Legal Services Authority vs Union of India (2014):

• The court declared transgenders as the ‘Third Gender’ and affirmed the fundamental rights guaranteed
to them.
• They were also granted reservations in admissions to educational institutions and jobs.
#CSLIVE

Make a list of important initiatives taken for welfare of Transgender

community in India.
Page13, GS2, Geopolitics

Why is this article important?

Ethics in Geopolitical Useful for

Utility in GS2
International Conflict & Prelims and
and GS4
Relations Map in News Mains
 #CSLIVE

Q Identify correct statements in context of Rafah Crossing:

1. It is situated between Gaza Strip and Egypt.
2. It is the only crossing to Gaza strip that does not lead to Israeli territory.
3. In 2008, United Nations took control of Rafah Crossing to allow
humanitarian assistance and relief reach Gaza.
Select the correct answer using codes given below:
a) Only 1 statement is correct
b) Only 2 statements are correct
c) All are correct
d) None are correct
Answer: B
“CSLIVE Group”