GS Paper: GS1-06.Salient features of Indian Society

Central Idea

• The recent protests by nationally acclaimed wrestlers against their federation chief have shed light on the limitations of middle-class activism and its failure to mobilize civil society effectively. Despite the potential for mobilization and government pressure, the wrestler protests failed to garner the support and momentum seen in past movements such as the Nirbhaya protests and the Anna Andolan.

What is mean by Middle-Class Activism?

• Middle-class activism refers to the engagement and participation of individuals belonging to the middle class in social, political, and civic activities aimed at bringing about social change, advocating for specific causes, and addressing societal issues.

Historical Perspective

• During the early 20th century, India witnessed a vibrant associational culture characterized by socio-economic initiatives led by urban elites from various social strata.
• While these efforts showcased a pluralistic and egalitarian dimension, they were not devoid of social conservatism and caste/community-based divisions.
• This associational culture, although limited in its reach, played a crucial role in uplifting individuals from lower social strata.

Retreat of Middle-Class Activism

• Shift in Focus: As the middle class gained control over power networks within the state-centered political economy, their focus shifted towards consolidating their own positions within the existing power structure.
• State-Centric Politics: With the middle-class assuming positions of power and influence within the government and bureaucracy, their engagement with civil society organizations and movements diminished.
• Fragmentation along Segmental Loyalties: The rise of caste/community-based organizations in the social and political landscape further fragmented civil society along segmental loyalties. While these organizations played a role in representing specific group identities and interests, they also contributed to a narrowing of civil society engagement and a reduced focus on broader social issues.
• Lack of Inclusivity: The retreat of middle-class activism led to a diminished role in addressing social issues and concerns that extend beyond the immediate interests of the middle class. The engagement became more exclusive and limited to issues directly affecting their own socio-economic status, often neglecting the concerns of marginalized and disadvantaged communities.
• Loss of Associational Culture: The retreat of middle-class activism resulted in a loss of vibrant associational networks that were previously instrumental in addressing social issues and fostering pluralism.

Resurgence of Middle-Class Activism

• Anti-Corruption Movement: During the UPA times, there was a notable rise in middle-class activism against corruption. The movement led by social activist Anna Hazare, commonly known as the Anna Andolan, drew significant support from the middle class, highlighting their dissatisfaction with the prevailing corruption in the political system.
• Demand for Good Governance: Middle-class activists voiced concerns about the need for transparent and accountable governance. They sought to address issues related to political corruption, public services, and the functioning of institutions, reflecting a desire for effective and responsive governance.
• Mass Mobilization: Middle-class activists mobilized large-scale protests and demonstrations to demand change. These movements aimed to bring attention to issues affecting the middle class, such as corruption and governance, and sought to create pressure for policy reforms and systemic improvements.
• Social Media and Technology: The rise of social media and digital platforms provided new avenues for middle-class activists to connect, organize, and mobilize. These platforms facilitated the dissemination of information, coordination of protests, and amplification of voices, leading to increased visibility and impact.
• Civil Society Engagement: Middle-class individuals actively participated in civil society organizations and initiatives, focusing on issues such as corruption, governance, and social justice. They contributed their expertise, resources, and time to drive change, reflecting a renewed interest in shaping civil society.

Critiques and limitations associated with middle-class activism

• Exclusionary Focus: Middle-class activism tends to prioritize issues and concerns that directly impact the middle class, often overlooking the needs and struggles of marginalized and disadvantaged communities. This exclusionary focus can perpetuate inequalities and hinder efforts to address broader social issues.
• Lack of Intersectionality: Failing to consider the intersections of race, gender, class, caste, and other factors can result in a narrow understanding of social issues and the exclusion of marginalized voices.
• Limited Grassroots Engagement: Middle-class activism can sometimes be characterized by top-down approaches, with decisions and agendas being set by a select group of individuals. This limits the involvement and agency of grassroots communities, who are directly affected by social issues and may have unique perspectives and solutions.
• Technocratic Approach: Middle-class activism often favors technocratic solutions and reforms, focusing on policy changes and institutional fixes. While these approaches can be important, they may overlook the deeper social and structural issues that contribute to inequality and injustice.
• Lack of Sustained Commitment: Middle-class activism may exhibit bursts of enthusiasm during certain moments or issues but lack long-term sustained commitment. This episodic engagement can limit the impact and continuity of activism, making it difficult to achieve lasting change.
• Co-option by Existing Power Structures: Middle-class activists may become co-opted or assimilated into existing power structures, diluting their transformative potential. This co-option can result in the absorption of activist energies into mainstream politics or bureaucratic systems, potentially leading to compromises original goals.

The Changing Indian Sensibility

• Technocratic Outlook: The changing sensibility is characterized by a technocratic outlook, which associates progress and development with technocratic governance and entrepreneurialism. There is a growing emphasis on efficient governance, economic growth, and the role of technology in driving societal changes.
• Shifting Perception of Politics: There is a sense of suspicion towards traditional mass-based politics, unions, and caste/community-based affiliations. This perception often stems from disillusionment with the existing political establishment and a desire for a more efficient and meritocratic system.
• Increasing Professionalism: The changing sensibility is marked by the rise of a professional middle class that places value on education, expertise, and meritocracy. There is an emphasis on professional accomplishments, entrepreneurship, and career success as markers of progress and social status.

The Role of Organizational Activism

• Mobilizing Support: Organizational activism involves mobilizing individuals and communities around shared goals and causes. These organizations often provide a platform for like-minded individuals to come together, share information, coordinate actions, and build solidarity.
• Advocacy and Lobbying: Organizational activists engage in advocacy and lobbying efforts to influence public opinion, shape policies, and bring about legislative or institutional changes. They work towards advancing their causes by engaging with policymakers, organizing campaigns, and using various communication channels to amplify their messages and demands.
• Grassroots Empowerment: Organizational activism can empower grassroots communities by providing them with a collective voice and platform to address their concerns. These organizations often work closely with local communities, promoting participatory decision-making, and enabling marginalized groups to articulate their needs and rights.
• Expertise and Research: Many organizational activists possess expertise in specific areas, such as human rights, environmental conservation, labor rights, or gender equality. They conduct research, collect data, and provide evidence-based arguments to support their advocacy efforts.
• Accountability and Monitoring: Organizational activists often act as watchdogs, monitoring government policies, corporate practices, or social issues. Through their monitoring efforts, they contribute to transparency, accountability, and the promotion of ethical practices.
• Coalitions and Alliances: Organizational activism frequently involves building coalitions and alliances with other like-minded organizations, movements, or community groups. By forging partnerships and collaborative efforts, they can leverage collective strength, pool resources, and amplify their impact.
• Social Transformation and Change: Organizational activism aims to bring about social transformation and change by addressing systemic issues, challenging power structures, and advocating for justice and equality.

Conclusion

• The limitations of middle-class activism, as evidenced by the wrestler protests, underscore the need to move beyond superficial and celebrity-dependent models of civil society engagement. To transcend segmental loyalties and build a more inclusive and effective civil society, a democratic process of building durable, programmatic solidarities is essential. Only through such an approach can civil society activism truly address social issues and bring about meaningful change.

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Indian women’s labour force participation is declining

 

Central Idea

• The deteriorating state of families, marked by an increase in violence, suicides among youths, and a rise in children turning to crime, reflects the enfeeblement of the traditional family system. Studies worldwide emphasize the primacy of families in society. Addressing this crisis requires attitudinal and behavioral reforms, driven by society rather than the government.

Definition of Family

• Family is defined as a social unit consisting of individuals who are connected by blood relations, marriage, or adoption.
• It is a fundamental institution in society where people share emotional bonds, live together, and collaborate in various aspects of life.
• The composition and structure of families can vary across cultures and may include parents, children, siblings, grandparents, aunts, uncles, cousins, and other relatives who share mutual responsibilities and connections.

Role of The Family as a Foundational Institution of the society

• Consolidation of Interpersonal Relations: The family unit is where interpersonal relationships naturally evolve and thrive. Living under one roof allows family members to share thought processes, participate in collective actions, and develop emotional bonds. These interactions foster a sense of belonging, support, and connection among family members.
• Socialization and Education: Families are responsible for the socialization and education of children. Through nurturing and guidance, families shape the character, behavior, and values of individuals, preparing them for their roles in society.
• Emotional Support and Stability: Families offer emotional support and serve as a source of stability in individuals’ lives. They provide a nurturing environment where love, care, and emotional well-being are nurtured.
• Transmission of Cultural and Traditional Values: Families play a vital role in preserving and transmitting cultural and traditional values from one generation to the next. Through storytelling, rituals, customs, and celebrations, families ensure the continuity of cultural heritage and identity.
• Economic Cooperation and Division of Labor: Families often engage in economic cooperation and division of labor, with different members contributing to the family’s economic well-being.
• Social Support Network: Families serve as a primary social support network for individuals. Family members provide emotional, financial, and practical support during times of need, illness, or crisis.
• Intergenerational Relationships and Caregiving: Families facilitate intergenerational relationships, creating bonds between different age groups.  Families also provide care for aging or dependent family members, ensuring their well-being and dignity.

Challenges faced by family system in the context of a globalized world

• Changing Social Conditions: Globalization brings about significant changes in social conditions, including urbanization, mobility, and increased connectivity.  Nuclear families are becoming more common, leading to decreased intergenerational living arrangements and reduced support systems within extended families.
• Individualism and Fragmentation:  As people pursue their own goals and aspirations, there may be a decline in collective decision-making, shared responsibilities, and mutual support. This can weaken the bond and cohesiveness within the family unit.
• Communication and Dialogue: Globalization has introduced new modes of communication and technology that can both connect and isolate individuals. While technological advancements have made communication easier, it can also lead to superficial and transactional interactions within families. Meaningful dialogue and deep connections between family members may suffer as a result.
• Cultural Influences: Exposure to different cultures and values through globalization can challenge traditional family norms and practices. Western influences, in particular, can impact the traditional roles and expectations within families, leading to conflicts and tensions between generations and genders.
• Work-Life Balance: Globalization has led to changes in work patterns and increased demands in the professional sphere. Balancing work and family responsibilities becomes more challenging, affecting the overall well-being of family members.
• Migration and Transnational Families: Globalization has facilitated increased migration and the formation of transnational families. While migration can provide economic opportunities, it can also create challenges related to separation, long-distance relationships, cultural adjustments.
• Consumerism and Materialism: The consumerist culture promoted by globalization places a greater emphasis on material possessions and individual desires. This can lead to conflicts within families regarding priorities, values, and the definition of success. Materialistic pursuits may overshadow the importance of emotional connections and shared experiences within the family.

Factors behind the rise of Individualism

• Economic Prosperity: Economic growth and increased prosperity have provided individuals with greater opportunities for personal advancement and self-fulfillment. As people become more financially independent, they are able to focus on their individual goals, desires, and aspirations.
• Urbanization and Mobility: The process of urbanization and increased mobility has led to a shift from close-knit rural communities to more diverse and fragmented urban settings. In urban areas, individuals have greater anonymity and independence, which can foster a sense of individualism.
• Technological Advancements: The rapid advancement of technology, particularly in the areas of communication and information, has given individuals more autonomy and freedom to pursue their own interests. The internet and social media platforms, in particular, have provided platforms for self-expression and individual identity formation.
• Emphasis on Personal Rights and Autonomy: There has been a growing emphasis on individual rights and personal autonomy in modern societies. Movements advocating for civil rights, gender equality, and personal freedoms have contributed to the promotion of individualism as a core value.
• Cultural and Ideological Shifts: Changing cultural norms and values, influenced by globalization and exposure to diverse cultures, have contributed to the rise of individualism. The ideals of personal freedom, self-expression, and individual choice are often celebrated in media, popular culture, and social discourses.
• Decline of Traditional Institutions: Traditional institutions, such as extended families, religious institutions, and community structures, have weakened in many societies. This decline has led to a greater focus on the individual as the primary unit of social organization, as opposed to collective identities and obligations.
• Influence of Western Culture: The spread of Western values and ideologies, particularly through globalization and media influence, has played a significant role in promoting individualism. Western societies have historically placed a strong emphasis on individual rights, personal achievements, and self-reliance, influencing cultural attitudes towards individualism in other parts of the world.

Way ahead: Reforms for Strengthening the Family Institution

1. Promoting Dialogue and Communication:

• Encourage open and candid conversations within families, fostering an environment of trust and understanding.
• Promote regular family meetings to discuss important issues and strengthen interpersonal relationships.
• Educate individuals on effective communication skills, including active listening and empathetic responses.

2. Balancing Individualism and Collectivism:

• Emphasize the value of shared experiences, mutual support, and cooperation within families.
• Encourage the practice of sharing responsibilities, decision-making, and resources among family members.
• Promote activities that foster a sense of collectivism, such as family outings, collaborative projects, and joint celebrations.

3. Restoring Transparency and Trust:

• Foster an atmosphere of honesty, transparency, and mutual respect within families.
• Encourage family members to share their thoughts, feelings, and concerns openly.
• Establish mechanisms for conflict resolution and mediation to address issues and rebuild trust when conflicts arise.

4. Cultivating Togetherness and Mentorship:

• Create opportunities for family members to spend quality time together, engaging in shared hobbies, interests, or recreational activities.
• Encourage mentoring relationships within families, where older members guide and support younger ones in their personal and professional development.
• Promote intergenerational learning and knowledge exchange, preserving family values and traditions.

5. Recognizing and Empowering Mothers:

• Acknowledge and appreciate the vital role of mothers in nurturing and building strong families.
• Provide support systems and resources to empower women in their roles as mothers and family leaders.
• Promote gender equality within families, ensuring equal opportunities, security, and respect for all members.

6. Strengthening Support Systems:

• Develop and strengthen support networks, such as family counseling services, helplines, and community programs, to address family-related issues and provide guidance.
• Enhance public awareness campaigns on the importance of family well-being and the need for nurturing healthy family relationships.
• Collaborate with educational institutions, religious organizations, and community groups to promote family-oriented initiatives and activities

Conclusion

• The International Day of Families serves as a reminder of the alarming state of families today, characterized by violence, suicides, and societal disruptions. Recognizing the primacy of families, it is imperative to address the enfeeblement of the traditional family system through attitudinal and behavioral reforms. The collective effort of individuals, communities, and policymakers is crucial in preserving the family institution as a fundamental unit of societal well-being.

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Child Marriage And The Role of Education: Analysis

 

Central Idea

• As the Supreme Court examines the case for expanding the definition of marriage, it becomes evident that legal rights do not automatically translate into social acceptance. The discussion revolves around whether laws should reflect existing societal morality or push the envelope by making unions possible despite lacking social approval.

Historical Context and Parliamentary Debates

• During the parliamentary debate on the Special Marriage Bill, former Member of Parliament Vijaya Lakshmi Pandit advocated for the right to choose one’s partner. She foresaw that while the law may not have immediate takers, an emancipated next generation would demand this right.
• Many women representatives believed the proposed law would improve the lives of women. However, concerns were raised about potential societal collapse and the proliferation of sexual desires, with even brief references to queer unions accompanied by homophobic remarks

Challenges to Marriage Reform

• Societal Resistance: One of the primary challenges to marriage reform is societal resistance rooted in deeply ingrained cultural, religious, and traditional beliefs. Changes to the institution of marriage are often met with resistance from those who fear the erosion of traditional values or view such reforms as a threat to established social norms.
• Conservative Opposition: Conservative groups and individuals, driven by their ideological and religious beliefs, often vehemently oppose any modifications to the existing definition of marriage. They argue that altering the definition undermines the sanctity of marriage and may have far-reaching consequences for societal stability.
• Lack of Political Consensus: Achieving political consensus on marriage reform can be challenging due to divergent viewpoints among lawmakers. Political parties may have different ideological positions or may be wary of alienating their voter base, leading to a lack of consensus and delayed progress in enacting comprehensive reforms.
• Legal Complexities: Marriage reform often involves complex legal considerations, such as redefining legal frameworks, rights, and obligations associated with marriage. These complexities can pose challenges in drafting legislation that adequately addresses the concerns and rights of all stakeholders involved.
• Institutional Resistance: Institutional resistance, including within bureaucratic systems, can hinder marriage reform efforts. Bureaucratic processes and administrative hurdles may impede the smooth implementation of new laws or regulations related to marriage equality.
• Cultural and Religious Diversity: India’s diverse cultural and religious landscape presents challenges in enacting uniform marriage reforms. Different religious communities may have their own distinct laws and customs governing marriage, making it difficult to achieve consensus and uniformity across the country.
• Lack of Public Awareness and Education: Limited public awareness and understanding about the importance of marriage reform can impede progress. Education and awareness campaigns can help dispel misconceptions, challenge prejudices, and promote a more inclusive understanding of marriage.
• Legal Precedents and Interpretations: Existing legal precedents and interpretations can influence the trajectory of marriage reform. Courts’ interpretations of constitutional provisions and previous judgments may shape the scope and direction of reforms, posing challenges for those advocating for comprehensive changes.

Bureaucratic and vigilante challenges related to marriage reform

• Bureaucratic Overreach: Bureaucratic challenges arise when officials, driven by personal biases or reflecting societal attitudes, go beyond their legal authority to obstruct or delay the implementation of marriage reform. This can include refusal to issue marriage licenses, unnecessary administrative hurdles, or arbitrary interpretations of existing laws that discriminate against certain individuals or couples.
• Denial of Recognition: Bureaucratic systems may withhold recognition and legitimacy from marriages that fall outside traditional norms, such as inter-caste, interfaith, or same-sex marriages. This denial can perpetuate societal inequalities and limit access to legal rights and protections that married couples should enjoy.
• Lack of Clarity in Legal Processes: The absence of clear guidelines or procedures for registering non-traditional marriages can create confusion and inconsistency in bureaucratic practices. This lack of clarity can lead to varying interpretations and implementation of the law, making it difficult for couples seeking marriage recognition.
• Vigilante Groups and Social Stigma: Vigilante groups, driven by societal prejudices and intolerance, may take it upon themselves to enforce their own version of social morality by intimidating or threatening individuals involved in non-traditional marriages. Such groups can use extra-judicial methods to prevent unions and impose social sanctions on couples, creating an environment of fear and insecurity.
• Exclusion and Discrimination: Bureaucratic and vigilante challenges can result in the exclusion and discrimination of individuals in non-traditional marriages. This can manifest in various forms, such as denial of legal rights, social ostracization, or lack of access to essential services and benefits that married couples typically enjoy.
• Privacy Violations: Bureaucratic processes and vigilante actions can infringe upon the privacy of individuals seeking non-traditional marriages. Public notice requirements or invasive inquiries into personal details can violate citizens’ right to privacy and subject them to unwarranted scrutiny and judgment.

What is the need of Reaffirming Rights and Transformations?

• Upholding Equality: Reaffirming rights and promoting transformations in marriage laws is essential for upholding the principle of equality. It ensures that all individuals, regardless of their sexual orientation, gender identity, caste, or community, have equal access to the institution of marriage and the legal rights and protections associated with it.
• Recognizing Individual Autonomy: Marriage reform recognizes and respects the autonomy of individuals to choose their life partners based on their own free will and preferences. It shifts the focus from societal expectations and norms to the fundamental principle of individual agency in making personal decisions related to marriage.
• Overcoming Discrimination: Transforming marriage laws helps overcome discrimination and social biases that exist within the institution. It challenges societal prejudices based on gender, caste, and community, fostering a more inclusive and egalitarian society.
• Empowering Marginalized Communities: Reaffirming rights through marriage reform empowers marginalized communities, including the LGBTQI+ community, by granting them legal recognition, rights, and protections. It provides an opportunity for historically marginalized groups to claim their rightful place in society and have their relationships acknowledged and respected.
• Promoting Social Progress: Transformations in marriage laws contribute to broader social progress by challenging traditional norms and practices that perpetuate inequality and discrimination. It encourages a shift towards more inclusive and progressive attitudes, fostering a society that values diversity, individual choices, and human rights.
• Strengthening Constitutional Principles: Reaffirming rights and transformations in marriage laws align with constitutional principles of equality, non-discrimination, and individual freedoms. It strengthens the foundation of a democratic society by ensuring that laws and policies reflect the core values enshrined in the constitution.
• Encouraging Social Awareness and Acceptance: Marriage reform promotes social awareness and acceptance of diverse relationships and identities. It encourages dialogue, education, and engagement to challenge stereotypes and prejudices, fostering a more inclusive and tolerant society.
• Building a Foundation for Future Generations: Reaffirming rights and transformations in marriage laws builds a solid foundation for future generations. It sets a precedent for a society that values equality, individual autonomy, and social progress, ensuring a more inclusive and just society for generations to come.

Facts for prelims

Special Marriage Act? The Special Marriage Act is a law in India that allows individuals of different religions or nationalities to marry each other. It was enacted in 1954 and came into effect from 1955. The Special Marriage Act allows for inter-caste and inter-religious marriages, and couples who register under this act are not required to change their religion or follow any religious rites or rituals. The act also provides for divorce on certain grounds and maintenance to the spouse and children.

Conclusion

• The debate on marriage equality in India necessitates a delicate balance between laws and societal morality. As the Supreme Court deliberates on expanding the definition of marriage, it is crucial to recognize that legal rights and social acceptance do not always align. While opposition and resistance persist, the law should strive to improve the lives of marginalized communities and reaffirm the rights of the citizenry as a whole. By moving towards marriage equality, India can create a more inclusive society that upholds individual choice and recognizes diverse identities.

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Perspective: Legalizing Same-Sex Marriage

Central Idea

• The philosophical underpinnings of India’s civilization are unique and powerful, and they empower India to withstand waves of invasions, natural calamities, and societal challenges. India’s worldview and approach towards human life make India stand out as a beacon to the world. However, many Indians remain ignorant of their own philosophical heritage, and building on these foundational values can serve as building blocks for India’s soft power.

The Fundamentals of Indian Philosophy

• Indian philosophy cannot be ascribed to any particular scripture.
• The fundamentals of the perceived philosophy of India have come from many scriptures, and the Indian approach is to let a thousand flowers bloom.

The Five Tenets that Make India Stand Out

India’s philosophy has at least five fundamental tenets that make it stand out: 1. Spiritual democracy, 2. Unity in diversity, 3. Confluence with nature, 4, antyodaya, and 5. vasudhaiva kutumbakam. These tenets reflect the teachings of sages and philosophers such as Gautama Buddha, Adi Shankara, and Guru Nanak.

1. Spiritual Democracy: India rejects any monopolistic approach to ways of worship, and it welcomes diversity in ways of worship. This approach reflects the fundamental unity of all that exists, and sages call it by various names.
2. Unity in Diversity: India’s unity is inherent in its diversity, and this diversity is our innate unity that manifests in myriad ways. India not only accommodates but also celebrates the pervasive diversity.
3. Confluence with Nature: India does not aspire to conquer nature, but instead, it has a tradition of sincere and deepest gratitude towards nature. Many Indian traditions and rituals reflect this approach, and sustainability is a part of our philosophy of human life.
4. Antyodaya: India’s unique concept of antyodaya puts the last man first. The most deprived are the most deserving when it comes to the distribution of the fruits of development. Antyodaya encompasses both social and economic justice and takes us beyond the binary of capitalism and socialism.
5. Vasudhaiva Kutumbakam: India has imagined the entire world as one family, where values like mutuality, sharing, and collectivism are given primacy. This approach nips in the bud all the uncalled-for apprehensions about ultra-nationalistic or jingoistic approaches.

India’s Philosophical Heritage Can Build on Its Soft Power

• India can build on its unique philosophical heritage, which can serve as building blocks of India’s soft power.
• India’s foundational values are needed now more than ever, as the global community faces conflicts and wars emanating from weird ideas of supremacy, oneupmanship, and monopolistic spirituality.

Conclusion

• India’s philosophy and approach towards human life and worldly concerns are unique and powerful, and they make India stand out as a beacon to the world. India’s soft power can build on its unique philosophical heritage, and India can use this to assert itself even in the most complex and unpredictable future. The key challenge is to establish that India is capable of walking the talk and using its philosophy to deal with societal challenges. Indian philosophy empowers us to handle the contemporary challenges, and it has gained India huge goodwill among the global community.

Mains Question

Q. India’s philosophy and approach towards human life and worldly concerns are unique and powerful, and they make India stand out as a beacon to the world. Discuss

Central Idea

• The Centre’s opposition to the legalization of same-sex marriages based on cultural and societal concepts of marriage and family is examined and critiqued.

The Centre’s Argument

• The Centre argues that same-sex marriages are not recognized in Indian traditions, ethos, culture, and societal concepts of marriage.
• The Parliament, and not the Court, should decide on legalizing same-sex marriages.

Societal Conceptualization of Marriage

• Marriage is a social institution, and the Centre’s stance finds backing in four interrelated sub-arguments.

1. Same-sex marriages demand nuanced alteration of the conventional understanding of marriage.
2. The current legislative framework promotes the conventional understanding of marriage.
3. Religious and societal morality still conceptualizes intercourse as a procreative activity.
4. Conventional conceptualisations of family and marriage are facing evolutionary challenges.

What is mean by Same-sex marriage?

• Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
• It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
• The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
• The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.

The Language of Rights

• The Court must evaluate the Centre’s argument on its own merits.
• While addressing the violations of fundamental rights resulting from non-recognition of same-sex marriages, the question of same-sex marriages is about the rights of a society to conserve traditions and an individual’s constitutional freedoms.

Back to Basics: Special Marriage Act?

• The Special Marriage Act is a law in India that allows individuals of different religions or nationalities to marry each other.
• It was enacted in 1954 and came into effect from 1955.
• The Special Marriage Act allows for inter-caste and inter-religious marriages, and couples who register under this act are not required to change their religion or follow any religious rites or rituals.
• The act also provides for divorce on certain grounds and maintenance to the spouse and children.

Conclusion

• While the rights issues concerning same-sex couples are substantial, the implications of recognizing same-sex unions as a couple require a broader debate in society and the legislature. The push to formalize the institution of same-sex unions must come from representative bodies such as Parliament.

Mains Question

Q. Provide a detailed analysis including relevant legal, social, cultural, and ethical considerations of same sex marriage in India along with a way ahead