Author
Asst Prof Sreeparvathy G
Organisation/Institution
RV university
Country
INDIA
Panel
Private International Law
Title
Legal recognition of Same sex unions in Asian jurisdictions; A Private international law perspective
Abstract
Legal recognition of same sex unions across jurisdictions in Asia presents a picture of great divergence. While jurisdictions such as Taiwan and Nepal have recognized same sex unions, countries such as Hong Kong and Israel have adopted an approach of granting recognition to foreign same sex marriages for limited purposes. The majority of the jurisdictions, however, refuse recognition to such unions. This divergence in legal positions creates complex issues from the perspective of private international law and affects the mobility of people and stability of family rights in the region. As matters relating to the personal status and personal rights are intrinsically connected with factors such as domicile, habitual residence, and religion, plurality in approach in various jurisdictions presents issues that might render undesirable and unjust consequences. To make it more specific, divergence in positions vis-à-vis same sex unions across jurisdictions would have its ramifications on a multitude of questions, such as the capacity to marry, validity of a marriage, recognition of foreign marriages, marital rights, parental rights, legitimacy of children, and succession. In this context, the paper seeks to analyze the issue from a comparative law perspective, to understand the doctrinal foundations on the basis of which recognition of foreign same sex unions is denied in various Asian jurisdictions. It further evaluates the functional recognition model, whereby same sex unions are recognized for limited purposes. Central to the discussion ought to be the doctrine of public policy that often serves as the basis of refusing recognition. The paper would conclude by exploring approaches for making the PIL landscape in the region more harmonised and certain for cross-border families while respecting the public policy considerations of individual jurisdictions.
Biography
Sreeparvathy is an Indian legal academic whose research spans the fields of Criminal Law, Labour Law, and Conflict of Laws. She has more than a decade of experience in teaching. She began her academic career as a faculty member at the National Law University Jodhpur (NLUJ). She has also been a visiting faculty at the National Law School of India University (NLSIU), National University of Advanced Legal Studies (NUALS), and the Cochin University of Science and Technology (CUSAT). Her doctoral work concerns care work and its gender dimensions, vis-à-vis the Indian labour regime. She is currently an assistant professor at the school of Law, RV University, Bengaluru, Karnataka, India.
