Centre opposes same-sex marriage, says it’s not the same as an ‘Indian family unit’

Rights: The central government opposed petitions seeking recognition and registration of same-sex marriages in the country and stated that same-sex marriage was not a fundamental right in the country. It also submitted that same-sex couples living together as partners and having a sexual relationship could not be compared to an ‘Indian family unit’ of a husband, wife, and children.

“In our country, despite statutory recognition of the relationship of marriage between a biological man and a biological woman, marriage necessarily depends upon age-old customs, rituals, practices, cultural ethos, and societal values,” the centre told the Delhi High Court in response to three petitions seeking recognition and registration of same-sex marriages under the Hindu Marriage Act, the Special Marriage Act, and the Foreign Marriage Act.

The affidavit submitted by the government in response to the petitions said that despite the Supreme Court decriminalising Section 377 under the Indian Penal Code, the petitioners cannot claim a fundamental right to same-sex marriage under the laws of the country. It said that such relationships can be governed, regulated, permitted, or proscribed only by a law made by the competent legislature.

The PIL seeking the recognition of same-sex marriages under the Hindu Marriage Act had been filed by Abhijit Iyer Mitra and three others. In October 2020, the Delhi High Court observed that the statute is gender-neutral and must be interpreted in favour of the citizens of India. Meanwhile, four more people from the LGBTQ community approached the Delhi High Court seeking similar provisions.

The matter will next be heard on April 20th, 2021.

Fundraising & Communications: The Ministry of Home Affairs (MHA) has issued a circular extending the validity of FCRA registration certificates to September 30th, 2021. This applies to all FCRA licences that have expired or will expire between September 29th, 2020 and May 31st, 2021. The decision to extend the deadline has been driven by the exigencies arising from the COVID-19 situation.

FCRA refers to the Foreign Contribution (Regulation) Act 2010, which permits charitable organisations based in India to raise funds from foreign sources.

The order also clarified that nonprofits that have already opened an account and have the requisite permission to receive foreign aid, can henceforth receive it only in these newly-opened accounts.

The FCRA law was amended in September 2020 to include a clause that mandated that all nonprofits receiving foreign aid must necessarily open an account in State Bank of India’s New Delhi Main Branch. The government had initially set the deadline for this account opening as March 31st, 2021; it later extended it to June 30th, 2021 after several nonprofits argued in court that there had been delays because necessary approvals from MHA had not been received.

Several organisations have not been able to receive foreign funds during the crisis caused by the second wave, and this has impacted their COVID-19 relief efforts. Relaxing the foreign funding rules could significantly help organisations ramp up their operations to help individuals, supply critical healthcare equipment, and respond to communities in rural areas.

Read this article to know how amending the FCRA can have unforeseen implications.

Philanthropy & CSR: The Ministry of Corporate Affairs (MCA) has issued a circular that allows corporate spending on health infrastructure for COVID-19 care to qualify as corporate social responsibility (CSR) expenditure.

This includes setting up medical oxygen generation and storage plants, manufacturing and supply of oxygen concentrators, ventilators, cylinders, and other medical equipment to counter COVID-19.  

The announcement comes at a time when all efforts are being directed towards expediting efforts to support the country’s healthcare infrastructure.

According to the circular, companies can now undertake projects and activities in collaboration with other companies using CSR funds. Additionally, they can contribute to specified research and development projects, as well as publicly funded universities and certain organisations that conduct research in science, technology, engineering, and medicine.

The government had earlier clarified that setting up makeshift hospitals and temporary COVID-19 care facilities would also be considered a CSR activity. Rajesh Verma, the Corporate Affairs Secretary, has requested businesses to consider converting vacant office buildings into COVID-19 facilities to cater to the rapidly increasing caseload.

Read this article to understand why media attention on COVID-19 deaths due to lack of oxygen in big cities has skewed donor priorities.