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India's Supreme Court refuses to legalize same-sex marriage, says it is up to govt_我的网站

A |     一瓶300毫升的无糖可口可乐，正在滴滴专车的车厢内掀起一场关于成本、体验与商业逻辑的热议。    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.。8月起，滴滴出行(DIDIY.US) 旗下专车在北京、上海、广州、深圳等12个城市的部分车辆上，在原有348ml百岁山矿泉水基础上，新增提供300ml无糖可口可乐，活动时长约为2个月。    这项原意为提升乘车体验的合作，却在社交媒体上引发观点不一的讨论。而在专车服务日益趋同的竞争格局下，这场跨界也成为观察平台能否实现服务差异化，从而提升用户粘性的又一窗口。    司机：账面省钱，消耗速度分化     专车提供饮用水，已是滴滴服务流程中的标配环节。而无论是此前的矿泉水，还是当下的可乐，采购成本由司机端承担。         滴滴专车新增无糖可乐，图片来源：财联社记者     “可乐价格跟矿泉水一样，都是1元1瓶。但现在可乐有满赠和返利活动，账面上看确实是可乐划算些。”一位接受采访的司机如是说。    但关于“增加可乐供乘客选用后，究竟能否帮司机省钱”，财联社记者听到了并不一致的答案。

B |     有司机坦言，可乐的消耗速度比水明显放缓，“一周可乐仅送出十余瓶，而以前矿泉水一天就可消耗十几瓶。

C | 从这个角度看，节约了成本”。但也有司机表示，120瓶可乐两周便消耗殆尽，不少乘客即便不在车内饮用也会顺手带走，消耗过快反而推高了自身成本。    消耗速度的分化和不稳定，让司机难以预估进货量。而更深层的问题是，部分司机坦言，在交通运输环节，这种差异性服务“并非刚需”。

D | 尤其正值暑期旅游旺季，“可供乘客使用的后备箱空间”一定程度上被挤占。    财联社记者注意到，曾经只放一箱矿泉水的专车后备箱，如今还要再塞下一箱可乐、和滴滴为了给乘客提供“冰可乐”而配发的保温箱和冰袋。

E |     “上次我接了一家四口，带了六只行李箱，后备箱根本放不下。我只能先把保温箱暂存在乘客小区的门卫室，送完人再回来取。”一位六座司机在接受财联社记者采访时表示。    相较于矿泉水，可乐会带来额外的负担，一旦乘客饮用时洒漏，会影响车内环境。司机们普遍反映，若车内被大面积弄脏，可向滴滴平台申请“清洁费”，但不会获得“停运费”——即因洗车耽误载客的经济损失。

F |     成都一位专车司机坦言，理解平台提升体验的初衷，但车内放置的汽水打开时，极易因颠簸而发生喷射，希望平台在策划活动前，能先与司乘双方充分沟通，了解一线的真实需求。    平台：一场低成本的服务分层实验     对“专车配可乐”引发的讨论，滴滴方面回应称，这是专车“夏日体验升级”活动，覆盖北京、上海、广州、深圳等12个城市。

G |     从执行层面看，平台采取了“自购+补贴+激励”的组合模式：司机首次需自购96瓶，滴滴额外配赠24瓶，合计120瓶；活动期内每完成60单专车订单，司机可再买96瓶补给，同时为确保达到“冰可乐”的服务标准，平台免费配发保温箱、冰袋。    据财联社记者实地核查发现，这批可乐均为8月新鲜生产的无糖款，并非网传的库存积压品。此外，司机若完成“无投诉”、“固定单数”等阶梯任务，可解锁现金奖励，这样司机的采购成本会较矿泉水低0.4元每瓶。    值得注意的是，参与门槛方面，活动呈现明显的筛选特征。

H | 以上海为例，部分六座专车司机因服务分或在线时长未达标而无缘参与；获得资格的，司机也可自主申请退出。据滴滴方面估算，整体专车司机参与比例约为30%，体现了“非强制、非全量”的运营逻辑。

I |     价格上的让利，叠加将部分车辆升级为“可乐彩蛋车”的设定，与滴滴将车辆品类切分为轻享、甄选、六座、专车等多档的战略思路一致，推服务分层而非价格战，期望强化乘客“打对车、坐好车”的服务记忆点。    当然目前这场可乐实验的成本并不高——单瓶净让利约0.4元，但放在滴滴当前的财务背景下，意义则不止于“夏日体验”。     最新披露的财报显示，滴滴二季度营收625.22亿元，同比增长10.8%；中国出行业务收入547.78亿元，同比增长8.8%；中国出行经调整EBITA为41.67亿元，同比增长15%。但上半年净亏损3.5亿元，而去年同期净亏损为1.25亿元。    在“增收不增利”的压力下，滴滴试图通过服务来打开新的增长空间。据滴滴官方此前披露的数据显示，分层后的轻享、甄选快车二季度增长显著：甄选快车已开24城，升级后投诉量下降46.32%，好评率达98%，甄选司机周均多赚约130元。    正如滴滴所言，本次“可乐彩蛋车”活动的本意是“为乘客带来更多旅途中的小惊喜”。在此之前，滴滴赠送的彩色口罩、儿童贴纸也曾收获社交媒体上的好评与曝光。如何将这类联名与增值服务的成功经验复制下去，提高用户留存与客单价，完成从烧钱拉新到服务溢价的转型跨越，同时平衡一线司机的需求，是滴滴需要持续作答的命题。

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Published on:12:51:19