Rajiv Gauba to head central government committee on LGBTQ+ community
Committee and Commission
5 min read
The government of India has set up a committee on LGBTQ+ communities' welfare headed by Union Home Secretary Rajiv Gauba. The committee has been set up by the government on the suggestion of the Supreme Court in the Supriyo Chakraborty vs Union Of India Case.
Supriyo Chakraborty vs Union Of India Case
In the Supriyo Chakraborty vs. Union Of India Case 2023, the Special Marriage Act of 1954 was challenged because it did not permit same-sex marriage. The plaintiffs argued that this was against Article 14 of the fundamental rights, which provides for equal protection of law.
Under the Special Marriage Act of 1954, people of different religions can marry. The marriage is legally recognised by the government and is registered before the designated authority within India or abroad.
In India, there is no uniform civil code. There are separate personal laws for different religions. The Hindu Marriage Act 1954 applies to Hindus, Sikhs, Jains, and Buddhists. Similarly, the Indian Christian Marriage Act of 1872 applies to Christians, the Muslim Personal Law (Shariat) Application Act of 1937 applies to Muslims, and the Parsi Marriage and Divorce Act of 1936 applies to the Parsi community.
If a Hindu wants to marry a Muslim, the marriage can be done under the Special Marriage Act without changing their religion.
In the Supriyo Chakraborty vs. Union Of India Case 2023, two males wanted to get married under the Special Marriage Act of 1954, but the designated authority rejected their Marriage proposal.
In the Supriyo Chakraborty vs Union Of India Case 2023, the Supreme Court held that the LGBTQ+ community has no fundamental right to marry under the Special Marriage Act 1954. During the hearing of the case, the government of India had told the Supreme Court its intention to form this committee to address "human concerns of same-sex couples without legally recognising their relationships as marriages. The Supreme Court had directed the government to form such a committee.
Members of the Committee
The six-member committee will be headed by Union Cabinet Secretary Rajiv Gauba and include secretaries of important ministries.
It includes Social Justice and Empowerment Secretary Saurabh Garg as convenor and Secretary from the Home Affairs, Women and Child Development, Health and Family Welfare, and Law and Justice ministries.
Term of reference of the Committee
The committee's mandate includes recommending measures to eliminate discrimination against LGBTQ+ individuals in accessing goods and services, ensuring their safety, preventing involuntary medical treatments or surgeries, and addressing discrimination in social welfare entitlements.
The committee may also address any other issues deemed necessary for the protection and well-being of the LGBTQ+ community.
LGBTQ+ is a collective term which represents a personal sexual orientation or identity.The term include lesbian, gay, bisexual, transgender, queer, intersex, asexual and other identities.They are also sometimes called as Queer.
