1. LGBTQ+ Rights and Same-Sex Marriage
The Supreme Court of India recently delivered a landmark judgment on the recognition of same-sex marriages. The five-judge Constitution Bench declined to grant legal recognition to marriages between individuals of the same sex, stating that it is the prerogative of Parliament and state legislatures to formulate laws on this matter. The Court emphasized that the Special Marriage Act of 1954 could not be interpreted to include same-sex unions without legislative intervention. However, it recognized the right of transgender individuals to marry under existing legal frameworks, affirming their rights within heterosexual relationships.
2. Nomination vs. Succession
Another significant ruling addressed the legal status of nominees versus legal heirs. The Supreme Court clarified that a nominee under the Companies Act or the Depositories Act does not hold absolute ownership of the deceased's assets. Instead, the nominee's role is limited to facilitating the transfer of assets, which ultimately belong to the legal heirs as per succession laws. This ruling underscores the distinction between a nominee and an heir, ensuring that the latter retains their rights under personal succession laws.
3. Implementation of the POSH Act
The Supreme Court issued directives for the effective implementation of the Prevention of Sexual Harassment (POSH) Act, emphasizing the need for robust mechanisms within organizations to handle complaints of sexual harassment. The judgment highlighted the importance of forming Internal Complaints Committees (ICCs) and ensuring their proper functioning to protect employees' rights and maintain a safe workplace environment.
These judgments reflect the Supreme Court's ongoing efforts to address complex social and legal issues, balancing individual rights with legislative frameworks.
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