Introduction
The legalization
of same-sex marriage has become a significant issue in the ongoing struggle
that is being faced by LGBTQ+ rights and equality. This article highlights the
journey toward the equality of marriage and its impact on society. further, it
will also highlight the arguments in Favor of the changes to be taken
progressively. Further, same-sex marriages refer to marriages between individuals
who are of the same gender. If we see it from the Indian perspective, same-sex
marriages are not legal in India. although continuous efforts are being made to
legalize same-sex marriage. Moreover, section 377 which has dealt with the
criminalization of homosexuality was struck down by the Supreme Court in 2018,
which was a victory for homosexuals. Many legal cases have been filed in court
regarding same-sex marriage but as of now, courts have not yet granted legal
recognition to same-sex couples.
Historical
Perspective
Suppose we see
it from the historical perspective, Same-sex sex couples have faced
discrimination for many years, and they have been denied the legal right to
marry. in recent times. In that case, people have raised their voices and the
fight for marriage equality has gained momentum. If we look at the advocacy of
same-sex marriage, it appeared for the first time in 1990s.there are many acts
that govern the Indian marriage laws such as the Special Marriage Act, 1954 and
Hindu Marriage Act, 1955, and many more. So, if in today's arena same-sex
marriage is to be legalized then changes are to be made in these acts which
will become a hectic and complex task. The struggle of LGTB groups in India has
gained pace in the late 20th century and regarding this issue, many
LGBTQ+ organizations have been set up to aid and support these communities.
Supreme Court
views on the legalization of same-sex marriage
Indian Supreme
Court has declined to legalize same-sex marriage, crushing the hopes of
millions of LGBTQ+ people seeking marriage equality. Further, the petitioners
have argued that if the same-sex couple is not allowed to marry, then it is
violating their constitutional rights and considering them as second-class
citizens. the government and court have not entertained their petition and have
further indicated that it will create havoc in society. the only aspect that
the court highlights is to end all the discrimination against this community
and to protect them from harassment and violence. Further, the bench has made
it clear that it could become a complex task because if same-sex marriage is
legalized then many other issues will come into the picture which will include
issues of divorce, adoption, succession, maintenance, and so on.
Arguments in
Favor of same-sex marriage
Equal rights
under the law- If we investigate this aspect, all human beings, irrespective of
their sexual orientation have the right to marry and to form a family. Same-sex
couples must be provided with the same rights that are provided to opposite-sex
couples. If same-sex marriage is not recognized, then it may amount to
discrimination.
Strengthening
various communities - Same-sex marriage will be legalized then it will help in
strengthening families and communities. Moreover, marriage provides social as
well as economic benefits to couples and their families and it will also
provide advantages to same-sex couples.
Globally
accepted- Same-sex marriage is a globally accepted phenomenon as it is accepted
in many countries such as the USA. Denying this right will lead to the
violation of the democratic rights of the individuals. If we look all around
the world, in many countries same-sex marriage is legal.
Living together
is a fundamental right-further it is also seen that living together is a
fundamental right of individuals and it should become the duty of the
government to legally recognize their rights and to provide a legal edge to
their relationship.
Arguments
against same-sex marriage
Cultural and
religious faith- If we look at the cultural and religious beliefs, it is
believed that marriage is a sacrosanct phenomenon that should take place
between a man and a woman. It is further said that if same-sex marriage were
legalized then it may hamper the very definition of marriage.
Process of
begetting offspring - The arguments state that the sole purpose of marriage is
to produce offspring but if same-sex marriage were legalized then they wouldn't
have their biological children. Furthermore, it would also hamper the very
purpose of marriage and it goes against the natural order of things.
Legal issues -
The legalization of same-sex marriage may create many legal problems such as
the issue related to the law of inheritance, property rights, and many more. So,
for same-sex couple marriage, many other aspects are to be changed which makes
it a complex task.
Issues related
to the adoption of children- It is one of the main problems that lie with the
adoption of children by same-sex couples. Whenever same-sex couples adopt
children, it creates a psychological impact on the child's well-being, and it
further creates a social stigma.
Conclusion
If we talk about
the legalization of same-sex marriage in India, it is considered a watershed
moment in the country's history. The legalization of same-sex marriage is a
step towards equality, but it is hindered by some challenges. Many steps are
taken by the government to legalize same-sex marriage i.e., through the
generation of awareness. The main purpose of awareness is to adopt people from
different sexual orientations. Many legal reforms were also made in this case
as amendments made in the Special Marriage Act, of 1954 to allow same-sex
couples to marry legally. Further, it can be said that the legalization of
same-sex marriage requires the concerted efforts of all the agencies and
stakeholders. By working together, a more inclusive society can be made, and
everyone has the right to marry and to love the way they want.
