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throwreddit666 t1_j0zyk03 wrote

The current Chief Justice is pretty liberal and will probably relish writing a judgment according recognition to same sex marriage. But the problem is that the petition is flawed, imo. It is seeking recognition of same sex marriage under the Special Marriage Act. The Special Marriage Act is the legislation which governs marriages in India which are not performed as per Hindu or Muslim rituals. Both those religions have their own legislation regulating Hindu and Muslim marriages.

The Special Marriage Act which is for anyone who does not want to get married as per Hindu or Muslim rituals is a pretty fucked up legislation because it has a requirement of a notice period of 30 days for objections from the general public to 2 people who want to get married. So the names, addresses, and photographs of the 2 people getting married are literally posted on a notice board outside the local govt office and anyone can go and lodge objections if they have any.

We are already seeing this procedure cause problems in inter faith marriages where a Hindu and a Muslim get married or a Hindu and a Christian get married. There are weirdos who keep an eye on these notice boards and once they see an jnter faith marriage, they start harassing the 2 parties and their family members. I think it's going to be much the same with same sex marriages. So that's not going to be very good.

Hopefully the Supreme Court decides to also declare the requirement for this public notice to be unconstitutional and do away with that requirement.

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