The Dark Shadow Shrine

embrace the darkness; that you may see the light nestled within it......

Tuesday, October 04, 2022

India court widens definition of 'family' but society yet to catch up

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recent landmark decision by the Indian Supreme Court that expanded the definition of family to include households with unmarried or same-sex couples, single parents and others who are atypical. This legal recognition also means that atypical families are entitled to social welfare benefits like their traditional counterparts.

 the courts have taken the lead in recent years, challenging patriarchal views on sexuality and gender while better reflecting changes taking place in society. The Supreme Court in 2014 recognised transgenders as a third sex with access to social benefits. Four years later, it decriminalised consensual gay sex by striking down Section 377 of the Penal Code, a colonial-era law similar to the one repealed by the Singapore Government in August.

"The reality is forms of family are changing. You see many different forms of family - single mother, single father and same-sex families who are also having children."

"There is a huge gap in what is legally acceptable and socially acceptable. But society will have to move in that direction. Otherwise it is doing something illegal."

Consider the idea of whether the law should take the lead in changing social attitudes or whether it should just reflect social attitudes (i.e. wait for the change to occur first before the law is changed to reflect the changes on the ground)....How does this compare with the recent controversy in Singapore about the repeal of 377A?