Written by:Adv. Pooja Gupta

Same Sex Marriage in India

Introduction of the Same Sex marriage in India: – Love comes itself in a variety of ways. It would be absurd to assume that a person can’t marry someone simply because they are not of the opposite gender. The world is developing rapidly than ever before, and we must adapt. Same-sex marriage occurs when a person decides to marry someone of the same sex rather than someone of the opposite sex. We should no longer ignore this concept.

In other terms, the days of being ashamed about one’s sexual preference are long gone. In today’s world, we must make space for all individuals, irrespective of sex. It is vital to comprehend that there are much more than two genders. All kinds of individuals also need to be included in society. It will create the world a better place where everyone probably feels embraced and respected. It is essential to the pursuit of human rights that we encourage equality & help to protect all individuals from hatred & harassment.

Same-Sex Marriage’s Importance

 We’re all humans at the end of the day. Before assigning labels to each other based on our religious beliefs or the individuals we choose to love. Everyone must be fully aware of this fact and reality and act appropriately. In today’s world, same-sex marriage is more essential than it has ever been.

People may also finally express themselves freely own their individuality. It’s doesn’t make anyone wrong if they don’t love someone of the opposite sex. Everyone has the right & freedom to love whomever they desire.

Furthermore, spending your entire life with someone of the same gender as you like is better than spending it with someone of the opposite gender whom you don’t even love. Instead of being compelled to marry someone, people would surely have happy lives with their own loved ones.

The possibility of a future for others is increased by same-sex nuptials. Furthermore, it illuminates a more promising future for the LGBTQ community. Prejudice has already caused this community a lot. They are entitled to marry whoever they want, regardless of gender or sexual orientation.

The Debate Over Same-Sex Marriage

In India, same-sex relationships/marriage is discouraged. Many countries have strict laws against it, yet their citizens are open-minded. In India, not only are the rules harsh, but the individuals are also narrow-minded.

Most significantly, they rarely give these individuals the opportunity to prove themselves,  Change is frowned upon in Indian society. It lacks the adaptability of Western countries. India would need some time to accept the concept of same-gender marriage.

 However, not understanding the concept is one thing, and absolutely opposing it is another. People don’t accept same-sex marriage in India or other nations because they believe it is against their traditional religion.

As a result, this causes a lot of issues for them. People don’t really want the LGBTQ community to be allowed to marry their partners. This violates their most fundamental human rights. For a long time, the Homosexual community has fought for their freedoms & rights. However, there is still a long way to go.

Whenever we discuss and debate about India, we can see how far it has come. Like how it repealed Sec 377, which criminalizes homosexuality. In concerns of the LGBTQ community, unfortunately, we still have a long way to go. We must not have any type of relationship, whether same-sex marriage or anything else.

Morality and the rule of law

Those who oppose legalizing gay sex argue that it goes against society’s moral standards. However, proponents argue that what is forbidden in religions should not be outlawed in legislation.

The Naz Foundation vs. the Government of the National Capital Territory of Delhi (2009)

Sec. 377 of the I.P.C, which legalized consenting homosexual relations between adults, was struck down by the Delhi H.C.

Case of Suresh Kumar Koushal ,2013

The apex court overruled a prior decision by the Delhi H.C, 2009 that decriminalized homosexual activities and criminalized homosexuality.

The Supreme Court stated that in 150 years, less than 200 people had been convicted u/s 377.

As a result, the “plight(sufferings) of sexual minorities” couldn’t be implemented to decide the validity of a statute.

S.C. further noted that the legislature will have to decide whether or not to amend sec. 377 of the IPC.

Justice K.S. Puttaswamy vs. U.O.I, 2017

The Apex court has ruled that the fundamental right to privacy is intrinsically related to life and personal liberty, and hence falls under Art 21 of the Indian Constitution.

According to the Supreme Court, physical autonomy is an essential aspect of the basic right to privacy.

This individual freedom extends to a person’s sexual orientation and gender identity.

Homosexuality is no longer a crime.

Rejected the Supreme Court’s opinion in the Suresh Koushal case, 2013 that the LGBTQ community was a minuscule minority and thus there was no reason to decriminalize homosexual sex.

United Nations declaration

It should go without saying that there are numerous possibilities to be a human being. We must appreciate and encourage these distinctions rather than outlaw them, assault people, or deny them equal human rights or protection under the law simply as they are perceived to be distinct.

The fight for freedom for LGBTI rights is an essential aspect of the human struggle for equality.

Nonetheless, members of the LGBTI communities continue to be the subject of terrible attacks in many regions of the world, many of which are left unpunished.

We must protect & defend the LGBTI community from all forms of assault & harassment & discrimination.

70 years ago, U.D.H.R . declared that everyone, without discrimination, “has the right to life, liberty and equality, and the protection of the person.” Whenever there is a tendency of hate-motivated violence, such as one related to gender or sexuality, or gender identification.

More than 70 countries criminalize consenting same-sex marriages, as well as Criminalize transsexual individuals based on their looks& appearance. This legislation condemns LGBT persons to harsh jail sentences and, in some circumstances, severe punishment. They also indirectly promote discrimination, prejudice, and extreme violence.

Conclusion of the Same Sex Marriage in India

Nothing is illegal as long as it does not cause harm to anyone, including oneself. The same is the case with homosexuality. What’s wrong with them seeking emotional support from other people of the same gender? We live in a nation that is democratic. Minority rights must be preserved in a democratic society from the majority’s stereotypical beliefs. We should all support the LGBT community’s right to a dignified existence. In order to protect human rights, it is the appropriate time for the legislature to legalize same-sex marriage.

Read more: –

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