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India's Supreme Court refuses to legalize same-sex marriage, says it is up to govt_我的网站

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一 |     AI摘要      长乐区检法联合在潭头镇开展非法狩猎案巡回庭审。被告人杜某某禁猎期捕杀保护动物,当庭认罪并缴纳修复费、认购碳汇。

二 |     NEW DELHI -- India’s top court on Tuesday refused to legalize same-sex marriages, passing the responsibility back to Parliament in a ruling that disappointed campaigners for LGBTQ+ rights in the world's most populous country. Chief Justice DY Chandrachud also urged the government to uphold the rights of the queer community and end discrimination against them. Earlier this year, the five-judge bench heard 21 petitions that sought to legalize same-sex marriage. Chandrachud said there were degrees of agreement and disagreement among the justices “on how far we have to go” on same-sex marriages, but a majority of the judges agreed that the court cannot grant LGBTQ+ people the right to marry as that is a legislative function. “This court can’t make law. It can only interpret it and give effect to it,” the chief justice said, reiterating that it was up to Parliament to decide whether it could expand marriage laws to include queer unions.One of the petitioners, Mario da Penha, said it was “a day to be disappointed but not to lose hope.”“There's been tremendous work that has gone into these petitions, and many hopes and dreams of the queer community attached to them - to lead lives that most other Indians take for granted. The fact that the dream could not come to fruition today is a disappointment for all of us,” he said.He added that it was not yet clear if the court had set a mandate or timeline for Parliament to act. “Without that mandate, there is no pressure on Parliament to enact any legislation.”“There are queer couples today that are already families and in relationships, and are pillars of society. That they are not afforded the dignity and rights that they are due is deeply disappointing,” said Karuna Nundy, one of the lawyers representing the petitioners. Legal rights for LGBTQ+ people in India have been expanding over the past decade, mostly as a result of the Supreme Court’s intervention. In 2018, the top court struck down a colonial-era law that had made gay sex punishable by up to 10 years in prison and expanded constitutional rights for the gay community. The decision was seen as a historic victory for LGBTQ rights, with one judge saying it would “pave the way for a better future."Despite this progress, Prime Minister Narendra Modi’s government resisted the legal recognition of same-sex marriage and rejected several petitions in favor. During the hearings, the government argued that a marriage is only between a biological male and a biological woman, adding that same-sex marriages went against religious values and that the petitions reflected only “urban elitist views”. Religious groups too had opposed same-sex unions, saying they went against Indian culture.Adish Aggarwala, the president of the Supreme Court bar association, said the court had done the right thing by recognizing that this was a job for Parliament, an argument the government also made during the hearings. Lawyers for the petitioners argued that marriage is between two people, not just a man and woman. They said concepts of marriage have gradually changed with time and laws should acknowledge that. By not recognizing such unions, the government was depriving same-sex couples of their right to equality enshrined in the constitution and rights enjoyed by married heterosexual couples, from adoption and medical insurance to pensions and inheritance, they argued. “This court needs to push society to acknowledge same-sex marriage,” one of the lawyers said.Petitioners were hopeful that the Supreme Court could challenge the government’s position.But even as some of the justices urged that the state must make sure queer couples don't face harassment or discrimination in accessing basic needs, like opening a joint bank account, they stopped short of granting legal recognition to same-sex unions. Instead, the court accepted the government's offer to set up a special panel that will explore granting social and legal benefits to same-sex couples. Homosexuality has long carried a stigma in India’s traditional society, even though there has been a shift in attitudes toward same-sex couples in recent years. India now has openly gay celebrities and some high-profile Bollywood films have dealt with gay issues. According to a Pew survey, acceptance of homosexuality in India increased by 22 percentage points to 37% between 2013 and 2019.But same-sex couples often face harassment in many Indian communities, whether Hindu, Muslim or Christian.India is estimated to have at least 2.5 million LGBTQ+ people, according to government figures from 2012. However, gay rights activists and global estimates believe they number at least 10% of the population, or more than 135 million.In May, Taiwan became the first jurisdiction in Asia to recognize same-sex marriages. In July, Nepal's Supreme Court issued an interim order enabling the registration of same-sex marriages for the first time. It is still not clear when the court would make its final decision on the case.。此举将法治课堂开到家门口,警示群众敬畏自然、保护生态。              巡回公开庭审在潭头镇二刘村榕树下进行。

三 | (受访单位供图)     村口榕荫之下,国徽高悬,公诉人、法官、被告人依次就位,围坐的村民凝神静听……这并非模拟演练,而是一场真实的巡回公开庭审。近日,长乐区检察院联合长乐区法院,将一起非法狩猎案的开庭现场搬进潭头镇二刘村,把生态法治课堂开到群众家门口。    2025年10月中旬,时值禁猎期,被告人杜某某在未取得狩猎许可的情况下,使用网购工具,于长乐区某山场(禁猎区)捕获国家“三有”保护动物小麂一只,致其死亡。这一行为不仅触犯了刑法,更造成了野生动物资源损失与生态环境损害。长乐区检察院在依法指控杜某某非法狩猎犯罪的同时,就其行为造成生态环境损害的事实,一并提起刑事附带民事公益诉讼。

四 |     庭审中,公诉人围绕案件事实、证据采信、法律适用,精准剖析了本案行为的刑事违法性与生态危害性。被告人杜某某当庭对犯罪事实供认不讳,自愿认罪认罚,主动缴纳生态环境修复费用,并表示愿意认购林业碳汇用于替代性修复生态服务功能损失。    “希望被告人能深刻认罪悔过,正视自身错误,切实承担起生态修复责任,也希望在场旁听群众以此案为戒,敬畏法律、敬畏自然,自觉抵制各类非法猎捕野生动物、破坏山林生态的行为。”公诉人当庭开展法庭教育,一字一句直击旁听群众心灵。(记者 杨玉娟)。

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Published on:11:02:26