Justification to same sex marriages By Chaman
Before we delve into the justification of same-sex marriages in India, it is essential to understand the legal status of homosexuality in India. Homosexuality was decriminalized in India in 2018, when the Supreme Court struck down Section 377 of the Indian Penal Code. However, despite decriminalization, same-sex marriages are still not recognized under Indian law. This is because the Hindu Marriage Act, which governs marriage in India,defines marriage as a union between a man and a woman.One of the primary justifications for same-sex marriages in India is the principle of equality. The Indian Constitution guarantees equality to all its citizens, regardless of their sexual orientation.
Denying same-sex couples the right to marry is a violation of their constitutional rights. It is discriminatory and perpetuates the stigma and marginalization of the LGBTQ+ community. All individuals, regardless of their sexual orientation, should have
equal access to the institution of marriage. Another justification for same-sex marriages in India is the emotional and psychological well-being of LGBTQ+ individuals. Marriage is an essential social institution that provides emotional and psychological support to individuals. It is a public recognition of the love and commitment between two individuals. Same-sex couples are often denied these benefits, which can have a detrimental effect on their emotional and psychological well-being. Allowing same-sex marriages would provide LGBTQ+ individuals with the same emotional and psychological support that heterosexual couples receive.
Some opponents of same-sex marriages argue that marriage is a religious institution
and that allowing same-sex marriages would violate religious principles. However, marriage is not just a religious institution; it is also a civil institution. The state has the power to regulate marriage and define its legal and social parameters. Denying same-sex couples the right to marry based on religious principles is a violation of the secular nature of the Indian state. The
state should not discriminate on the basis of religion, and religious beliefs should not be used to deny individuals their constitutional rights. Another argument against same-sex marriages is that it is not a part of Indian culture. However, Indian culture is not monolithic; it is diverse and has evolved over time. Moreover, the notion of a traditional Indian family, consisting of a husband, wife, and children, is a relatively modern construct. Historically, Indian society has recognized diverse forms of sexuality and gender expression. Same-sex relationships were accepted and celebrated in ancient Indian culture. Denying same-sex couples the right to marry based on cultural grounds is a flawed argument that ignores the complexity of Indian culture.
Finally, same-sex marriages have been recognized in several countries worldwide,including the United States, Canada, South Africa, and several European countries. Allowing same-sex marriages in India would bring the country in line with international human rights standards and demonstrate India's commitment to
upholding the principles of equality and non-discrimination.
In conclusion, same-sex marriages should be allowed in India as they are justified on
multiple grounds. Denying same-sex couples the right to marry violates their constitutional rights, perpetuates discrimination, and harms their emotional and psychological well-being. Marriage is not just a religious institution, but also a civil institution, and the state has the power to regulate it. The argument that same-sex marriages are not a part of Indian culture is flawed, as Indian culture is diverse and has evolved over time. Finally, recognizing same-sex marriages would bring India
LLB 4th SEM
St. Soldier Law college
Jalandhar