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India's Supreme Court refuses to legalize same-sex marriage, says it is up to govt_我的网站

A |     NEW DELHI -- India’s top court on Tuesday refused to legalize same-sex marriages, passing the responsibility back to Parliament in a ruling that disappointed campaigners for LGBTQ+ rights in the world's most populous country. Chief Justice DY Chandrachud also urged the government to uphold the rights of the queer community and end discrimination against them. Earlier this year, the five-judge bench heard 21 petitions that sought to legalize same-sex marriage. Chandrachud said there were degrees of agreement and disagreement among the justices “on how far we have to go” on same-sex marriages, but a majority of the judges agreed that the court cannot grant LGBTQ+ people the right to marry as that is a legislative function. “This court can’t make law. It can only interpret it and give effect to it,” the chief justice said, reiterating that it was up to Parliament to decide whether it could expand marriage laws to include queer unions.One of the petitioners, Mario da Penha, said it was “a day to be disappointed but not to lose hope.”“There's been tremendous work that has gone into these petitions, and many hopes and dreams of the queer community attached to them - to lead lives that most other Indians take for granted. The fact that the dream could not come to fruition today is a disappointment for all of us,” he said.He added that it was not yet clear if the court had set a mandate or timeline for Parliament to act. “Without that mandate, there is no pressure on Parliament to enact any legislation.”“There are queer couples today that are already families and in relationships, and are pillars of society. That they are not afforded the dignity and rights that they are due is deeply disappointing,” said Karuna Nundy, one of the lawyers representing the petitioners. Legal rights for LGBTQ+ people in India have been expanding over the past decade, mostly as a result of the Supreme Court’s intervention. In 2018, the top court struck down a colonial-era law that had made gay sex punishable by up to 10 years in prison and expanded constitutional rights for the gay community. The decision was seen as a historic victory for LGBTQ rights, with one judge saying it would “pave the way for a better future."Despite this progress, Prime Minister Narendra Modi’s government resisted the legal recognition of same-sex marriage and rejected several petitions in favor. During the hearings, the government argued that a marriage is only between a biological male and a biological woman, adding that same-sex marriages went against religious values and that the petitions reflected only “urban elitist views”. Religious groups too had opposed same-sex unions, saying they went against Indian culture.Adish Aggarwala, the president of the Supreme Court bar association, said the court had done the right thing by recognizing that this was a job for Parliament, an argument the government also made during the hearings. Lawyers for the petitioners argued that marriage is between two people, not just a man and woman. They said concepts of marriage have gradually changed with time and laws should acknowledge that. By not recognizing such unions, the government was depriving same-sex couples of their right to equality enshrined in the constitution and rights enjoyed by married heterosexual couples, from adoption and medical insurance to pensions and inheritance, they argued. “This court needs to push society to acknowledge same-sex marriage,” one of the lawyers said.Petitioners were hopeful that the Supreme Court could challenge the government’s position.But even as some of the justices urged that the state must make sure queer couples don't face harassment or discrimination in accessing basic needs, like opening a joint bank account, they stopped short of granting legal recognition to same-sex unions. Instead, the court accepted the government's offer to set up a special panel that will explore granting social and legal benefits to same-sex couples. Homosexuality has long carried a stigma in India’s traditional society, even though there has been a shift in attitudes toward same-sex couples in recent years. India now has openly gay celebrities and some high-profile Bollywood films have dealt with gay issues. According to a Pew survey, acceptance of homosexuality in India increased by 22 percentage points to 37% between 2013 and 2019.But same-sex couples often face harassment in many Indian communities, whether Hindu, Muslim or Christian.India is estimated to have at least 2.5 million LGBTQ+ people, according to government figures from 2012. However, gay rights activists and global estimates believe they number at least 10% of the population, or more than 135 million.In May, Taiwan became the first jurisdiction in Asia to recognize same-sex marriages. In July, Nepal's Supreme Court issued an interim order enabling the registration of same-sex marriages for the first time. It is still not clear when the court would make its final decision on the case.。    11月25日，副省长郑艺来到抚顺，深入戒毒所、精神卫生机构、学校社区等开展专题调研，强调要深入学习贯彻习近平总书记重要指示精神，落实省委、省政府工作要求，坚持人民至上、生命至上，持续加大对特殊群体关心关爱力度，及时化解矛盾纠纷，扎实做好维护社会稳定工作。市委书记高键，市委副书记、市长王庆海分别参加调研。         　　在市强制隔离戒毒所，郑艺详细了解戒毒所运行情况以及戒毒人员亲属探视、疾病诊疗等细节。他强调，要坚持“以人为本，科学戒毒、综合矫治、关怀救助”工作理念，依法依规收治戒治，全力做好社会化延伸服务，关心关爱强戒人员身体健康和心理健康，强化公安、卫健、司法行政、街道社区等部门联动，健全完善禁毒基层治理体系，尽一切努力帮助他们重回正常生活。         　　在抚顺市第五医院，郑艺关切询问住院人员信息登记、建档立卡、医保支付、安保管理等方面情况，叮嘱工作人员要扎实做好安全保卫和特殊群体患者服务保障工作，将党和政府的关心关爱送到每名患者身边。在顺城区第二实验小学，郑艺要求加强校园周边环境整治，切实加强校园食品安全、交通安全、设施安全，进一步消除校园及周边各类安全隐患，为广大师生人身安全保驾护航。         　　在顺城区长春街道安居社区，郑艺与相关人员现场座谈交流，详细了解社区运转、居民生活和刑满释放人员安置帮教工作开展情况，对抚顺向特殊困难刑满释放人员予以适当司法救助的做法给予肯定。他强调，基层工作者要坚持和发展新时代“枫桥经验”，走到百姓身边、走进百姓心里，做百姓身边的贴心人、暖心人。要加强基层治理体系建设，完善联防联控机制，加密对重点部位和人员密集场所巡查频次，加大矛盾纠纷排查化解力度，从源头化解风险。各级各部门要加强能力作风建设，各司其职、各负其责，加强协作，凝聚合力，确保社会大局和谐稳定。         　　副市长雒荣广参加调研。                   责任编辑：刘春阳。

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