The Supreme Court has observed that “familial relations may take the form of domestic, unmarried partnerships or homosexual relations”, while noting that the “abnormal” expression of a family unit is as real as its traditional counterpart and provides protection under the law. Is worthy.
The predominant understanding of the concept of “family” in both law and society is that it “consists of a single, immutable entity with a mother and father (who remain constant over time) and their children,” according to PTI report good.
A bench of Justices DY Chandrachud and AS Bopanna said in an order uploaded on Sunday, “This notion ignores both, the many circumstances that may lead to a change in one’s family structure, and the fact that many families do not meet this expectation.” Do not conform. Starting with. Family ties can take the form of domestic, unmarried partnerships or estranged relationships.”
It is worth noting that these comments are significant as activists are raising the issue of recognition of LGBT marriages and civil unions as well as allowing live-in couples to adopt after absolving the apex court of guilt. . homosexuality in 2018. The apex court, in its judgment, observed that a working woman cannot be deprived of the statutory right of maternity leave for her biological child merely because her husband has two children from a previous marriage and has taken leave to avail. had taken advantage. Taking care of one of them, the report said.
Additionally, the bench noted that a family can be a single parent home for a variety of reasons, including the death, separation, or divorce of a spouse, “similarly, the guardian and caregiver (who traditionally” The role play) in the children’s “and” father “) may change with remarriage, adoption or parenting.”
The Supreme Court Bench observed that these expressions of love and families may not be exclusive, but they are as real as their traditional counterparts and such unusual expressions of the family unit are not only for protection under the law but also for the benefits available under it. are equally eligible. As per social welfare law PTI report good.
“The dark letter of the law should not be relied upon in disadvantaged families aside from traditional ones. Undoubtedly the same is true for women who assume the role of motherhood, which may not find a place in the popular imagination.” Informed Justice Chandrachud, who delivered the judgment on behalf of the bench, the report said.
(with inputs from PTI)
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