Chile becomes 31st country in the world to recognise same-sex marriage after President approves law

Chile's center-right President Sebastian Pinera has signed into law a bill legalizing same-sex marriage, days after it was approved by Congress in a historic vote..This legislation, approved by the President and overwhelmingly approved by the Parliament of Chile, also enables gay couples to adopt children."This new law will allow all children with a papa and mama, with two papas or with two mamas to have the same rights and the same protection,” Piera said.On December 7, the bill permitting same-sex marriage was passed in the Lower House of Parliament shortly after its passage in the Senate, by 82 votes to 20. With overwhelming majorities in both the houses of Parliament, lawmakers put the unions of same-sex couples at par with others', making Chile the 31st nation in the world to allow gay marriage."Today is a historic day, our country has approved same-sex marriage, one more step forward in terms of justice, in terms of equality, recognizing that love is love," Minister of Social Development Karla Rubilar said after the vote.Subsequently, Chile's President Sebastian Piera in a ceremony on December 9 attended by activists for LGBT and broader human rights had signed this bill into law, thereby, permitting same-sex couples to marry and adopt.President Piera in the ceremony said that this law shall "consider all love relationships between two people on an equal footing."For the children of same-sex couples, the law presents an opportunity for legal validation for both parents. Previously, only one of two individuals in a same-sex partnership could adopt and hold parental legal rights and responsibilities.The law will come into force from March 2022..Status of Same-Sex Marriage in IndiaIn 2018, a Constitution Bench of the Supreme Court of India had struck down Section 377 of the Indian Penal Code to the extent it criminalised gay sex between consenting adults.However, in India, there is no law that specifically recognises same-sex marriages. A first step has been taken by a gay and lesbian couple whose respective marriage registrations under the Foreign Marriage Act, 1969 and the Special Marriage Act, 1954 were denied by state authorities. Both couples have filed petitions before the Delhi High Court which are pending adjudication.A similar petition has also been filed by a gay couple before the Kerala High Court for recognition of homosexual marriages under the Special Marriage Act 1954, which is an Act that governs civil marriages, colloquially known as “Court marriages”.There is also plea moved before the Delhi High Court on December 3 praying that recognition of same-sex marriages should be registered only under a secular law like the Special Marriage Act and not under the Hindu Marriage Act as prayed for by the petitioners. In the event it is recognised under Hindu Marriage Act, it has to be recognised under all religious laws such as the Muslim Marriage Law and the Sikhs' Anand Marriage Act, it was contended.Last year, the Orissa High Court had came to the aid of a transgender person whose live-in partner was forcibly taken away by her mother and uncle who objected to the relationship.The Uttarakhand High Court had reiterated last year that consensual cohabitation by a same-sex couple is not illegal or a crime.The Central government has, however, taken a stand before the Delhi High Court that in spite of decriminalisation of homosexuality under Section 377 of the Indian Penal Code, there is no fundamental right to same-sex marriage.