Civil Union and Concept of Marriage
26-08-2023
12:24 PM
What’s in today’s article?
- Why in news?
- Civil union
- What is civil union?
- How is a civil union different from marriage?
- What other countries allow civil unions?
Why in news?
- A five-judge bench of the Supreme Court, headed by Chief Justice of India DY Chandrachud, began hearing a batch of petitions seeking legal recognition of same sex marriage.
- The Centre argued against the petitions and questioned the judiciary’s right to confer legal recognition on the socio-legal institution of marriage.
- However, the apex court clarified that the hearing’s scope would be limited to developing a notion of a civil union that finds legal recognition under the Special Marriage Act.
Civil union
What is civil union?
- A civil union under the Special Marriage Act is a legally recognized union between two individuals, regardless of their caste, religion, or nationality.
- It also refers to the legal status that allows same-sex couples specific rights and responsibilities normally conferred upon married couples.
- This type of union allows couples to have a formal, legally binding relationship without going through the traditional rituals and customs of a religious or cultural marriage ceremony.
- Although a civil union resembles a marriage and brings with it employment, inheritance, property, and parental rights, there are some differences between the two.
How is a civil union different from marriage?
- A civil union is a legal agreement between two individuals that provides them with some of the rights and benefits of a marriage, such as inheritance rights, tax benefits, and access to healthcare.
- However, it is different from a marriage in several ways:
- Religious or cultural beliefs do not play a role in a civil union, whereas they often do in a marriage.
- In some countries, civil unions are only available to same-sex couples, whereas marriage is available to both same-sex and opposite-sex couples.
- A civil union may not be recognized by all states or countries, whereas a marriage is generally recognized worldwide.
- There may be differences in the legal requirements and procedures for entering into a civil union versus a marriage.
- Overall, a civil union is a legally recognized union that provides many of the same benefits and protections as a marriage.
- However, it may be different in terms of social and cultural significance and legal recognition.
What other countries allow civil unions?
- The United States is just one of the countries that allows same sex unions.
- Before 2009, the year that Sweden legalised same sex marriages, LGBTQ couples there could apply for civil unions and enjoy different benefits.
- From 1993, couples in Norway enjoyed the right to enter into civil unions, which gave way to a new law 15 years later.
- This allowed such couples to marry, adopt and undergo state-sponsored artificial insemination.
- Similarly, countries like Brazil, Uruguay, Andorra, and Chile had also recognised the right of same sex couples to enter into civil unions, even before they formally recognised their legal right to marriage.
Q1) What is the Special Marriage Act?
The Special Marriage Act is an Indian law that allows individuals of different religions or nationalities to legally marry each other. It was enacted in 1954 and applies to the entire country. The act provides a special form of marriage registration and requires a 30-day notice period before the marriage can be solemnized. The Act also allows for the option of a civil union, which can be registered without a religious ceremony.
Q2) What is marriage?
Marriage is a legally recognized union between two people that creates a social and economic partnership between them. It is typically marked by a formal ceremony or legal contract and carries certain rights and responsibilities, such as inheritance rights, tax benefits, and the obligation to provide support to one's spouse. Marriage can be based on religious, cultural, or personal beliefs and can be between opposite-sex or same-sex partners, depending on the laws and customs of the society in which it takes place.