Same Sex marriage in India

Concepts like that of ‘homosexuality’ is considered a taboo in India, especially considering the conservative nature of our society. This is not just the state of affairs in our country, but in more than 70 nations around the world, homosexuality has been criminalized resulting in pronouncement of either capital punishment or lesser form of sentence to the observers.

This topic of same sex marriage will be helpful for UPSC IAS Exam preparation. GS Paper-2 Polity & Governance.

Table of Content:

• What is same sex marriage?
• Arguments in favor of same sex marriage
• Arguments against same sex marriage
• Legal recognition of Same sex marriage in India
• Conclusion
• Frequently asked questions (FAQs)

What is same sex marriage?

• Same Sex marriage, the practice of marriage between two men or between two women. Although same-sex marriage has been regulated through law, religion, and custom in most countries of the world, the legal and social responses have ranged from celebration on the one hand to criminalization on the other.

Arguments in favor of same sex marriage

• This topic is important because it relates to the fundamental human rights of LGBTQ+ individuals and the recognition and protection of their relationships.
• Right to marriage is provided under human right charter that to under the heading of Right to have family.
• In Indian Constitution this right not expressly mentions. But it is interpreted under Article 21 Right to Marry is universal right.
• Legalizing same-sex marriage would not only provide legal recognition and protection for LGBTQ+ couples but also promote greater social acceptance and reduce discrimination against the community.
• It is an important issue for LGBTQ+ rights activists and advocates around the world, and its significance extends beyond the legal sphere to broader social and cultural attitudes towards the LGBTQ+ community.

Arguments against same sex marriage

• The traditionalistic nature of our Indian society in terms of maintaining a status quo in the current gender norms (heterosexuality) could be regarded as an asset to us derived from our customs.
• Heterosexuality is regarded as a reflection of the highest form of human values in almost every country, including ours.
• The outbreak of HIV/AIDS which has been spread in the western countries to a great extent by homosexual activity between males, has led to accusations and counter-accusations, often of a bitter kind on Spain, Belgium and the Netherlands, as well as Canada in allowing same sex marriages.
• Our society is very community oriented and individualism is not encouraged in the least, any expression of homosexuality is seen as an attempt to renounce tradition and promote individualism, thereby posing a threat to the order in Indian society.
• It is opined that if homosexual marriages are legalized it will destroy the concept of a traditional family and the sanctity of marriage will be lost.

Legal recognition of Same sex marriage in India

• The Indian legal system does not recognize same-sex marriages.
• India’s law define marriage as a union between a man and a woman.
• Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018, which was a major victory for LGBTQ+ rights in the country.
• However, the decriminalization of homosexuality did not legalize same-sex marriages.
• Several legal cases have been filed in Indian courts seeking to legalize same-sex marriage, but as of now, the courts have not yet granted legal recognition to same-sex couples.
• In 2017, the Delhi High Court judgement declared that same-sex couples are entitled to be in a stable relationship, but stopped short of legalizing same-sex marriage.

Conclusion

The subject matter of granting or not granting legal recognition to same sex marriages in India is a sensitive one and needs to be adjudged keeping into consideration the current needs of the society as well as giving equal respect and appreciation to every individual irrespective of their gender identity. Therefore, a balanced approach needs to be adopted in this matter.

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FAQs(Frequently Asked Questions)