Although it is an old expression that love is the purest emotion in the world, society implements different filters to allow two humans to love. Indian society denies marriage which is inter-caste, against gotra or inters- religion. In India, the concept of same-sex marriage challenges long-held idealist conceptions of morals and society. Lesbian, gay, bisexual, transgender, queer, asexual, and; other members of the LGBTQIA+ community have had to fight conventional stigmas and legal discrimination all across the world. Marriage is a sacred concept, and such marriages are deemed unethical and social evils. Gay marriage/same-sex marriage is consequently presumed to be unholy.
Homosexual people are viewed as lawbreakers in India, both morally and legally. Once their identity is exposed, they are hated by the community. Because the homosexuality between two consenting adults was also regarded against the law under the outdated legislation of IPC, many such couples were forced to hide their relationships for fear of humiliation and being labeled as offenders.
Role of Judiciary on Same-Sex Marriage
Furthermore, a High Court of Delhi verdict last year, based on a petition filed by the Naz Foundation, legalized homosexuality between two consensual adults as defined in Article 377 (unnatural offences) of the Indian Penal Code. This was a major turning point for the Supreme Court; which was applauded by many philosophers, Organizations, and the persons impacted.
Marriage is one of the basic cultural norms that human society has built to rule and manage man’s life. This freedom is not clearly described in the Indian Constitution. However, it is considered that the Right to Marry is a basic right under Article 21. It is open to everyone.
The Judiciary perceived the right to marry as an aspect of the right to life under Art 21 of the Indian Constitution in the case of Lata Singh v. State of Uttar Pradesh. The court stated, “This is a free and democratic country, and; once a person becomes a major, he or she can marry whomever he or she likes.” If the boy’s or girl’s parents do not approve of the inter-caste marriage, the most they may do is cut off social relations with their son or daughter, but they cannot threaten, perpetrate, or instigate acts of violence, or harass the person who undergoes the inter-caste marriage.”
The Supreme Court, citing Article 16 of the Universal Declaration of Human Rights and; the Puttaswamy case (right to privacy) declared that; Article 21 of the Constitution guarantees the right to marry the person of one’s choice.
Article 15 forbids discrimination based on a variety of factors, including gender. Article-15 demonstrates that there is no typical behavioural pattern associated with gender by forbidding discrimination on the basis of sex.
Navjet Singh Johar and others v. Union of India
In the case of Navjet Singh Johar and others v. Union of India 2018, the Supreme Court ruled that; LGBTQ people “are entitled, like all other citizens, to the full range of constitutional rights, including the freedoms and rights protected by the Constitution, as well as to equal citizenship and equal protection of the law.
Given the presence of numerous marriage laws and conventions, a family is traditionally defined as a man and a woman, as well as their children. Compulsory heterosexuality is the foundation of this approach. In India, there is currently no provision that allows same-sex couples to register as married couples. Except for the severe regulatory framework, gays also encounter social exclusion. Same-sex weddings are still unknown; as any instance of sexual intercourse between two people of the same sex is frowned upon. Furthermore, our country is very socially conscious, any expression of homosexuality is considered as an attempt to reject custom in favor of individuality, posing a danger to Indian society’s order. It is believed that legalizing homosexual marriages will ruin the concept of a traditional family and compromise the integrity of marriage.
Homosexuality is not a sin
Homosexuality is not a sin; it is simply a means of pursuing happiness. There is no reason why two gay individuals cannot marry in a civil ceremony that will grant them the same rights and protections as heterosexual couples. As a result, same-sex marriage should be permitted to offer legal status to homosexual relationships. Even if they do not have such a reputation, they have decided to be with each other in the face of demands and humiliation from all walks of life, demonstrating their devotion, the backbone of any relationship.
Approval of homosexual marriage in this nation has a far toward to go, and; it will need a fundamental shift in the thinking of persons, religious leaders, legislatures, and the governments. Things will be different, but it will take time, as change is the law of nature. We should take advantage of this opportunity to increase public acceptance of gay relationships, and; we should encourage people to view these relationships not through the lens of religion, but rather through the lens of humanity and equality.
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