Justification of Same-sex marriages
Same-sex marriages are marriages between human beings of the same sex. In same-sex marriage, two females get married to each other or two males, get married to each other.
Same-sex marriages are not a trend or Western influence that is adopted by society. Same-sex attraction has existed since ancient times. It was not openly and vividly discussed due to a lack of knowledge and understanding.
Same-sex marriages in India
Same-sex marriage is a topic of much debate and discussion in India. In 2018, the apex court revoked the outdated Section 377 of the Indian Penal Code. This Section, in typically vague and diplomatic terms, depreciates homosexuality and criminalised intercourse that goes against the “laws of nature”. The Supreme Court recently issued a notice to the Centre on a plea to grant legal recognition to same-sex marriages and alliances between members of the LGBTIQ+ community under the Special Marriage Act. The petition raised the absence of a legal framework which allowed members of the LGBTQ+ community to marry any person of their choice.
Constitutional Justification
The Justification for same-sex marriages in India lies in the principles of equality, liberty and dignity enshrined in the Indian Constitution. Article 14 of the Constitution of India reads as under: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
So, It guarantees equality before the law and equal protection of the law to all persons. Denying same-sex couples the right to marry violates their right to equality, as it creates a distinction based on sexual orientation.
Arguments in favour of legalising Same-Sex Marriage
The right to marry a person of one's choice is a fundamental right guaranteed under the Constitution of India to each person and has been recognised explicitly by the court. Members of the LGBTQ+ community have the same human, fundamental and constitutional rights as other citizens.
The petitioners have argued that barring them from marriage violates their right to equality Moreover, same-sex couples are also entitled to the right to privacy and the right to choose their own life partners, which are fundamental rights under Article 21 of the Constitution.
International Justification
In 1967, the United States Supreme Court, in the case of Loving v. Virginia (1967)11, which struck down the ban on interracial marriage, said that the freedom to marry is a personal right that should be available to all persons. In 2015, in the case of Obergefell v. Hodges22, the US Supreme Court struck down all state bans on same-sex marriages and legalised same-sex marriages in 50 states.
By 2023, 34 countries of the world have legalised same-sex marriages.
Arguments against Legalising Same-Sex Marriage
Opponents of same-sex marriage often argue that it goes against Indian culture and tradition. Some opponents are of the view that it is against Biological relation.
Marriage in India can be recognised only if it is between a biological man and a biological woman capable of producing children.One of the primary concerns of opponents of same-sex marriage is the impact it may have on society and the family structure. Many religious and cultural groups believe that marriage should only be between a man and a woman.
Furthermore, legalising same-sex marriage in India would run counter to a number of global challenges.
Importance of Same-Sex Marriage:
Legalizing same-sex marriage in India would reduce discrimination against the LGBTQ+ Community. It would allow them to enjoy the same legal benefits that other couples enjoy.
Same-sex marriages must be celebrated and same-sex couples must not be lacking equal rights.
some opponents are of the opinion that it legalising same-sex marriage may have an adverse impact on society. However, studies have shown that legalizing same-sex marriage does not have any adverse effect on society or the family structure. In fact, it may have a positive impact by promoting social integration and reducing discrimination
Way Forward:
India still has a long way to go in terms of social acceptance of the LGBTQ+ community. So thereby, the right to marry a person of one's choice should extend to LGBTQ+ citizens, as well. Education and awareness campaigns should be developed to promote acceptance and understanding of heterosexuality then same-sex marriages should be considered on the table.
Any decision on same-sex marriage must consider the cultural sensitivities of different communities while also ensuring that the fundamental rights of individuals are protected.
It can be concluded that Same-sex marriage is consequential in today's time as the world is progressing. The justification for same-sex marriage in India is based on principles of equality, liberty and dignity enshrined in the constitution. Same-sex marriages are normal and are nothing to be ashamed of.
Steps must be taken by everyone to ensure same-sex marriage is legal, and that same-sex couple enjoys equal rights. Legalizing same-sex marriage would be a progressive step towards recognizing and accepting the rights of the LGBTQ+ community in India.