India
On same-sex marriage, Kiren Rijiju wants to leave it to… | Latest News India
Union law and justice minister Kiren Rijiju said the matter related to same-sex marriage should be left to the wisdom of the people. He further added that Parliament is the reflection of people’s ideas, visions and choices and the matter related to governing the civil aspects of the institution of marriage needs to be debated in the Parliament.
“If any law, passed by the Parliament, is not following the spirit of the Constitution, the Supreme Court has an option to alter that, pass an adverse judgement or refer it back to the Parliament,” Rijiju argued while speaking at the India Today Conclave 2023.
Also read: Centre opposes legal recognition of same-sex marriage, says not ‘the norm’
The Union minister referred to Article 142 of the Constitution and said the top court can pass a judgement which becomes the law of the land. However when it comes to the policy, the people of India will decide how the future should be governed, he added.
Article 142 gives the apex court a discretionary power to pass a decree or order, applicable throughout the territory of India, which is to be seen in line with a law passed by the Parliament till the time a provision in the matter is made.
The Supreme Court recently referred a batch of petition seeking recognition of same-sex marriage to a five-judge bench and set down the matter for final arguments before a Constitution bench from April 18. The Centre had argued that legal validation of same-sex marital unions will cause “complete havoc” with the delicate balance of personal laws in the country and in accepted societal values, and that the legislative policy in India recognises marriage as a bond only between a biological man and a biological woman.
Rijiju had also defended the Centre’s stance and said that it was grounded in the Indian tradition and ethos. “A person of any sex can choose to live a particular life. But when you talk about marriage, it is an institution…guided by different provisions and laws,” he said at an event.
Union minister Anurag Thakur on Friday announced that the government has increased the dearness allowance or DA for central government employees by 4 per cent to 42 per cent with effect from January 1, 2023.
It has also extended the subsidy under the Pradhan Mantri Ujjawala Yojana for another year and decided to increase the MSP for jute by ₹300.
The Delhi high court on Friday sought response of the National Commission for Protection of Child Rights (NCPCR) in a plea seeking FIR against Congress leader Rahul Gandhi for allegedly revealing the identity of a Dalit girl, who was raped and killed in 2021, and her relatives on Twitter. The child rights body said that it has informed the matter to the Supreme Court and received a notice from there, and will give its response through an affidavit.
Also read: NCPCR notice to Twitter on pic shared by Rahul Gandhi with rape victim’s family
“In 2021, Rahul Gandhi revealed the identity of a POCSO (Protection of Children from Sexual Offcences Act, 2012) victim in a tweet and a case was registered against him under Section 23 of the POCSO Act, Section 74 of the Juvenile Justice Act and Section 128 A of IPC (Indian Penal Code),” NCPCR chief Priyank Kanoongo was quoted as saying by news agency ANI.
Delhi HC bench consisting chief justice Satish Chnadra Sharma and justie Sachin Datta sent notice to the NCPCR seeking its response on the matter within four weeks.
However, the child rights body said that a formal notice has not been issued to them by the high court to file a counter-affidavit to the petition. Kanoongo said they contacted Twitter on the matter and came to know that the alleged tweet is not visible in India anymore. NCPCR earlier told the court that despite Twitter’s claim to take down Gandhi’s alleged tweet, the offence of making such disclosure survives.
In 2021, a petition was filed by social activist Makarand Suresh Mhadlekar claiming that the Congress leader violated the Juvenile Justie (Care and Protection of Children) Act, 2015 and the POCSO Act, 2012, by allegedly posting the photo of victim’s patents.
The court listed the matter for further hearing on July 27.
(With ANI, PTI inputs)
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