GS4 · UPSC Mains

Even if the LGBTQIA+ couples live together, legally, they are on a slippery slope. They do not enjoy the rights that married couples do. For example, the LGBTQIA+ couples cannot adopt children or have a child by surrogacy, they do not have automatic rights to inheritance, maintenance and tax benefits, and after a partner passes away, they cannot avail benefits like pension or compensation. Most of all, since marriage is a social institution that is created by and highly regulated by law, without this social sanction, same-sex couples struggle to make a life together. A number of petitions have been filed in recent years in courts for the legal recognition of same-sex marriages. Gender rights campaigners believe that recognizing same-sex marriages is the next logical step after the decriminalization of homosexuality. However, the other point of view is that the concept of marriage ought not to be disturbed or diluted by judicial interpretation. It is argued that a middle path could be for the government to set up a panel to look into the pleas of same sex couples and recommend a way out. As an aware individual, who understands various dimensions of this issue, answer the following: (a) Discuss the ethical issues involved in the case. (b) Do you think same-sex marriage should be recognised by the State in India? (c) Critically examine whether law can be effective in bringing about social change.

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