The draft stated that “all married couples and couples in a partnership are entitled to adopt a baby. The sexual orientation of the married couple or the partners are not to be a bar to their right to adoption. Non-heterosexual couples will probably be equally entitled to adopt a child.” Finally, the code offered for the repeal of all of India’s marriage-associated legal guidelines (the Hindu Marriage Act, the Hindu Succession Act, the Muslim Personal Law (Shariat) Application Act, The Indian Christian Marriage Act, among others). It offered that any two persons who’ve been in a partnership for greater than two years shall have the identical rights and obligations as married couples, and mandated that every one marriages be registered with the state. On the identical day, the U.S. The proposal would amend varied sections of the Act to provide same-sex couples with the identical legal rights as opposite-intercourse couples. The invoice would repair the marriageable age at 21 for gay couples and at 18 for lesbian couples.
No motion was taken on the invoice. On 1 April 2022, MP Supriya Sule from the Nationalist Congress Party introduced a invoice to the Lok Sabha to legalise similar-sex marriage below the Special Marriage Act. In 2017, a draft of a uniform civil code to legalise same-intercourse marriage was proposed by a bunch of citizens. Muslim teams oppose a uniform civil code because such a code would ban triple talaq, polygamy and wouldn’t be based mostly on Sharia regulation, unlike present Muslim private law, which governs Indian Muslims. The foundations do not explicitly ban same-intercourse marriage, however typically assume married spouses to be “husband and spouse”. The Act does not explicitly ban similar-intercourse marriage and defines marriage merely as including remarriage. In September 2023, media reported that the Law Commission had excluded identical-sex marriages from a draft uniform civil code. The Bharatiya Janata Party (BJP) helps a uniform civil code and was the first get together in India to do so. The draft was submitted to the Law Commission of India for consideration.
In 2002, the Andhra Pradesh Legislature (which consists of the Legislative Council and the Legislative Assembly) passed the Andhra Pradesh Compulsory Registration of Marriages Act, 2002, which was later signed into regulation by Governor C. Rangarajan. In 2008, the Arunachal Pradesh Legislative Assembly passed the Arunachal Pradesh Recording of Marriage Act, 2008, which was later signed into regulation by Governor J. J. Singh. In February 2020, Union Minister Ravi Shankar Prasad mentioned that “presently there is no such thing as a proposal to legalise same-intercourse marriage”, adding that the Union Government was not considering the difficulty. In May 2023, the state government expressed its opposition to same-intercourse marriage while the Indian Supreme Court was debating its legalisation in Supriyo. Seema v. Ashwani Kumar by amending the Hindu Marriage Rules, 1961, requiring the registration of all Hindu marriages performed in Assam. Seema v. Ashwani Kumar that the states and union territories are obliged to register all marriages carried out under the federal laws. However, a majority of Hindu marriages performed in India are not registered with the government despite registration being obligatory, and are as a substitute performed by way of unwritten frequent regulation.
