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here we go

Updated: May 22, 2023

here we go

it is learnt from usually unreliable sources that in anticipation of supreme court decision in the case commonly known as same sex case and taking into account the remarks by chief justice and other justices during the hearing of the case, the following resolution has been drafted for issue to the chief ministers and chief secretaries of various states.

ministry of legal affairs

government of india

resolution

dated -------------

in view of the supreme court decision in the case commonly known as same sex marriage case and taking into accounts comments made during the hearing of the case, following procedures are recommended to be taken immediately to be in complete conformity with the decisions of the honorable court and various comments.

1. in view of the observation that genitals do not indicate the sex, it is ordered that in the birth certificate of a child, the words 'son' or 'daughter' should not be mentioned. it would be in order to say an 'off spring' has been born.

2. a law should be introduced, as soon as feasible, in the vidhan sabha that a person shall be afforded an opportunity to declare his sexual inclination when the person concerned reaches the age of puberty or any time thereafter. the said declaration can be amended only once in lifetime.

3. the census commissioner is hereby directed to delete from the forms prepared for collection of data for census operation anr reference to sex of the person concerned.

4. the census commissioner is directed not to mention the number of males or females in the census tables. this information should also be deleted from the reports under preparation, if any.

5. all the concerned departments will, forthwith, cease to mention males, females, boys, girls in their information sheets or the progress of various projects being run or sposored by them.

6. since the gender cannot be mentioned, all the forms for various purposeless will not mention son, daughter, husband or wife in the particular forms and information sheets published for information of general public.

7. if any couple claims the ownership of any child (born or adopted) the names of both parties will be mentioned without any reference to father/ mother. at best word guardians can be substituted, separately, for the purpose.

8. in many laws passed by the government regarding reservation of seats for women in elections to local bodies viz. corporations, municipal committees, panchayats or similar organizations known by various names. such reservation should immediately cease. if it is found feasible, sexual indications may be mentioned for the purpose of reservations. a declaration to that effect will be needed for each aspirant to such reserved seats. the normal procedure for scrutiny, objections, enquiry will remain in force.

9. these measures are not exhaustive. such other measures as may occur to the state governments from time to time may be taken to be in full compliance of supreme court decision.

10. in case it is found necessary, further central government suggestions will be conveyed separately.

sd/-

secretary to government of india

copy to

1. all chief ministers

2. all chief secretaries

3. all law secretaries

4. all secretaries to government of india. a study may be done regarding any action to be taken in terms of supreme court decision, whether with regard to laws, rules, forms or other material meant for public distribution.

5. copy to editor, government of india gazette for publication in the extra ordinary gazette for immediate public information.


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