Challenges To Same-Sex Marriages

Denying same sex marriages solely based on their sexual orientation is abrogating explicit and implicit fundamental rights. Same sex marriages have been detested in India due to societal taboos and legal prejudices.

The law too has biases with respect to the lesbian, gay, bisexual , transgender, queer, intersex, asexual and other members i.e. the LGBTQIA+ community. This community has been the neglected and uncounted population that lie outside the purview of social scheme benefits too.

Netherlands was the first country to legalize same sex marriages in 2000. Today 29 countries have recognized same sex marriages. India must recognise this right to marry and give it to the community that is in desperate need. Right to privacy under article 21 implicitly covers the right to marry .

In India marriages are solemnised under personal laws like hindu marriage act, 1955 , Indian Christian marriage act, 1872, Muslim personal law and special marriage act. But none include reference to the LGBTQIA+ community. But in the case of Arun Kumar and sreeja Vs the inspector general of registration and ors* that the term “bride” under Hindu marriage act, 1955 includes transwomen and intersex persons who identify as women. In the famous Hadiya case**, the supreme court had held that the right to choose and marry a partner is a constitutionally guaranteed freedom.

SC had held that the ….. “intimacies of marriage lie within a core zone of privacy, which is invoilable” and “society has no role to play in determining our choice of partners “.

These judgements indicate the will to include same sex marriages in law. And exclude discriminative practices emanating from prejudices and biases. The fundamental rights under article 14,15, 21 of the constitution have to be respected under all circumstances. Hence, same sex marriages must be allowed and legalized in India too.

It is argued that same sex marriages are not compatible with the Indian family concept. And a drawback is that laws related to it aren’t codified. Registration of same sex marriages face problems die to “degree of prohibited relationship”, ” conditions of marriage ” under personal laws.

We must do away with the interpretation of husband and wife limited to opposite genders only. This must be done away with through legislative process. In the garb of societal morality , we have no right as a society to murder the aspirations and dreams of millions of population who are equal citizens of India.

Self respect marriages are recognized under Hindu marriage act, 1955 which breaks caste based practices to marriage. This must also include se sex marriages. This will help to lessen the complete absence of laws for the LGBTQIA+ community.

Therefore, it’s time for India to think beyond binary and change legal structure to welcome changes.

*https://indiankanoon.org/doc/188806075/

**https://indiankanoon.org/docfragment/18303067/?formInput=Hadiya

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.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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