Should same sex marriage be legalised in India – 1

LGBTIQ [Lesbian,  Gay,  Bisexual,  Transgenders,  Intersex  and  Queer]  form  a sexual  minority  group.  From a state of absolute non-existence of rights, the LGBTIQ had waged many social wars till date for their independence and for respect as decent people or living beings. The social justice campaigns that centred on LGBTIQ rights over the years gained this persecuted class of people near equal and equal rights in many jurisdictions and the reformation movements are still on, around the globe.  From simple accommodation rights and access to public jobs to the right of self-determination of one’s own sexual orientation, the campaign has begun to catch the interest of the decriminalisation of homosexuality, the right to a family and in certain areas, the right to adoption.

Religions, traditions and societies of most nations have opposed LGBTIQ change initiatives with prejudices that they are still armed with. In India as well, LGBTIQ rights were severely resisted. It was only in the 21st century,  the  LGBTIQ  persons  were  started  to  be  granted  with  some  of  the ordinary civil liberties enjoyed by heterosexuals. Transgenders had to wait till the Supreme Court ruling in  National Legal Services Authority v. Union of  India,    for  being  recognised  in  law.  It  was  only  in 2018, homosexuality was decriminalised, following the Apex Court’s judgment in Navtej Singh Johar v. Union of India. In 2019, the Transgender Persons (Protection of Rights)  Bill, 2019 was passed by the Parliament and the President signed it into law.

This is the first legislation enacted by Parliament to protect the rights of transgender people in the world and to bring an end to all kinds of discrimination against them. According to figures, the transgender community in India is 4.8 million, while the declared and established homosexual population is projected to be around 2.5 million, according to data from the Government of India.

For homosexuals and transgender persons, although homosexuality was decriminalised by the Supreme Court in 2018, some civil rights and freedoms such as marriage, abortion, insurance, etc. are also not available. The institution of marriage provides certain rights and privileges to individuals in matrimony in society and as a result of that prohibition, gay partners are refused the ability to possess similar rights and privileges.  Married people have the right of care, the right to succession, the right to hold shared bank accounts, lockers; appoint each other as candidates for insurance, pension, complimentary documents, etc. Many of these are not applicable to this group due to their removal from the institution of marriage, which makes such exclusion more oppressive.

The non- recognition of same sex marriage violates Art. 14, 15, 19 and 21. The non recognition of same sex marriage violates the Equal Protection clause enshrined under Article 14 [which ensures fairness, and guarantees against arbitrariness, It provides that every action of the government must be informed by reasons and guided by public interest] of the Const. It is contended that same sex marriage is based upon traditional Jeudo-Christian moral and ethical standards which conceive of sex in purely functional terms i.e., for the purpose of procreation and thus creates a classification between procreative and non-procreative sex. Considering any non-procreative sexual activity as being against the order of nature is outdated, has no place in the modern society and most importantly, has no scientific basis.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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You may also like to read:

Beti Bachao Beti Padhao

India and its Ties with its Neighbours

Rights of Minorities

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