A | 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.。 新加坡。（图：TODAY）受访企业和商会认为，要打造更亲商的环境，除了简化监管程序，也应让申请和审批制度更透明，这样才能更好地帮助企业了解自身业务的优劣，从中改进。黄循财总理在国庆群众大会上宣布，副总理颜金勇将领导小组，负责探讨如何在实施监管条例和协助企业之间取得平衡，以确保本地拥有亲商环境，同时把监管负担减到最低。本地生物柴油生产商奥发生物能源行政总裁兼创办人林宜谦认为，过去10年，政府在打造亲商的监管制度方面已有改进，但一些申请程序其实可以再简化。
B | “政府部门电子化之后，我们有一个统一的GoBusiness平台。
C | 不过还是有一些小小的缺点。我的提议是把更多部门，好像卫生部这些都可以纳入平台，就是平台不要只让业者申请做生意所需的执照。
D | 例如我的生意是回收废食用油，回收的时候需要收垃圾的执照，这要向国家环境局申请，但其他的执照却是通过GoBusiness平台申请。我觉得所有这些平台可以整合起来，只用一个平台就好。”林宜谦也说，公司专注于开发低碳产品，但从产品开发到取得认证，需要大约两年，当中多达一半的时间是申请和等待认证获批准，而且目前只能申请欧洲联盟的国际可持续性和碳认证，不仅耗时，费用也高，每次费用至少4千500美元。“现在低碳产品的验证没那么多，而且程序也比较繁琐，所以我希望政府可以帮忙促进一些比较简化的低碳验证。
E | 我们现在的认证是欧洲的，本地还没有。我们也提倡让新加坡成为亚洲的低碳认证的据点，这样会让本地商家更有竞争力，因为我们可以自己做低碳认证的工作，效率可能会好多一点，而且可以降低认证费用。”本地裱框服务公司百龄镜框贸易是经营了约30年的邻里商店。第二代经营者之一林纯隆说，父母一直以来都以传统方式经营生意，几乎没有进行数码化转型，主要原因就是申请政府的相关津贴和援助过程太繁琐，而且资金有限的小型企业也很难符合条件。“我们最后一次申请政府津贴是8年前，听爸妈说当时是非常繁琐，就是生产力与创新优惠计划PIC ，现在的生产力解决方案津贴PSG。我们要申请的时候爸妈就阻止，说不要做，很麻烦。这个是他们比较抗拒的，因为很繁琐。第二个就是很多的政府津贴我们必须支出100%，然后才向政府索取。他们就觉得没有这么多流动资金先去做再申请。”林纯隆和弟弟接手生意后，打算把业务数码化和采用更多科技方案，但这些都需要在转型前期投入大量资金，对资源有限的小企业来说是一大挑战。他希望政府能按企业的规模和发展阶段，更灵活地批准拨款。新加坡中小企业商会会长洪煜认为，这些年来，政府已经尽力减轻监管负担，简化企业申请津贴或执照的程序，但对没有太多资源的小企业来说，还是无法负荷。“很多时候还是需要中小企业去写一些报告或申请原因，这些流程很多时候中小企业没有能力清晰地和有效地表达他们的需求。第二就是很多时候政府批准、不批准、批少津贴，你也不了解是什么原因。还有就是批准或不批准，应该早一点，或者在申请的过程中越早让申请者了解越好。所以我觉得从透明的角度和减轻企业的负担方面，这些是政府能够做得更好的。
F | 还有一些项目是政府说先提出申请，然后会判断怎么去处理。这种情况下，中小企业没有那么多资源去做这些手续上的东西，所以我觉得政府针对中小企业的流程应该比较明确。”洪煜透露，商会计划同政府合作，进一步了解各项援助计划的申请流程，然后从企业的角度提供反馈。他希望这不仅能帮助政府进一步简化流程，也能让中小企业更了解申请条件和程序。
G |
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