Traditional vs. Modern: Legalisation of Same-Sex Marriage in India

On 13th March 2023, the Chief Justice of the Supreme Court of India Mr D.Y. Chandrachud referred to the legalisation of Same-Sex Marriage in India petitions in front of the Constitution Bench. The court has decided the final argument on this will be held on 18 April 2023. Unlike the Western countries, Same-sex marriage is not so common thing in Indian society. Most people, believe that this type of marriage is not meant for our culture and see it as a sin. On the other side, the LGBTQ community believe marriage is a bond which is way ahead of gender and same-sex marriage should be common in India.

Since people have different opinions on it it is enough to spark controversy. People who don’t appreciate it are criticising it and in answer, the LGBTQ community is doing a pride walk to show they are proud of who they are and that they also are treated the same. No doubt same-sex marriage will be a step towards equality for this community but also hurting the people’s religious belief have a negative impact. Let’s know all the details-

Same sex marriage

What is Same-Sex Marriage and the Whole Scenario?

Same-sex marriage is a marriage between two people of the same gender it can be married to two men to each other or two women. As of now only 34 countries around the globe legally accept the same sex. The total population of this community is around 1.35 billion in the world. The Netherlands was the first country that legally accepted same-sex marriage back in 2001.

Different countries have a different take on this issue in some countries same-sex marriage is regulated under legal law. On other hand, in some countries, the religious beliefs of people are taken into consideration. Middle east countries and Muslim-dominated countries have banned the marriage of the same gender completely. In these countries, this is a punishable crime. 

Although in India things are not that worse most people and religions do not accept this phenomenon of same-sex marriage but it is also not a crime. India is a democratic country where a person can do what they want to do that is under the law. And legalised the same gender marriage is the only way to show same-sex marriage as a normal marriage. 

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Facts Supporting the Same-Sex Marriage

  • First marriage to someone is a personal decision a person can marry anyone with their consent. If law and people don’t interrupt marriage between two people of a different gender then they need to treat similar-sex marriage in the same way. 
  • Western countries have legalised this marriage and this indicates that there is nothing wrong with it. Also, people there are living happily after their marriages. 
  • Stopping people from doing this will be a step towards the discrimination against the LGBTQ community based on their choices. As per fundamental human rights, any kind of discrimination at any level is not accepted or appreciated.
  • There is no law that binds people for not doing marriage to the same sex. Hence gays and lesbians consider it a legal step.
  • “Right to equality” protects the rights of the Gay and lesbian community and gives them the freedom to live life as normal human beings.

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The argument is against Same-Sex Marriage

totally against same sex marriage
  • As per the critics, marriage is a union of men and women and if humans try to change it then it will have some serious consequences. Nature has made it so that all beings have a relationship with the opposite gender. Not only humans, the animals also do the same. So if we try to go against it then in the long term some harmful consequences will be there.
  • Same-sex marriage directly challenges the beliefs of many religious groups and it can create a disturbing situation in the world. In history, we can find that hurting or trying to change a religious view can be harmful. 
  • All the laws have some limit case there is no mention of the ban on same-sex marriage does not mean that it is right to do. 
  • Same-sex marriage will eliminate the parenting effectiveness of different gender. When an opposite-sex couple becomes the parent then the child possesses qualities of both mother and father. It helps the child to understand both gender behaviour whereas same-sex parenting will not be that effective.

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Why are Indians not Accepting this?

Indian society is way different from Western society. Here people put their religious beliefs first and other things second place. The reason for not accepting this kind of marriage also comes from religious beliefs. As per the belief of people, same-gender marriage is not something that is natural or created by god. If we go against the law of nature and the creation of god then we have to face serious issues. Indian values and culture are not against the LGBTQ community, The Hindu religion respects the LGBTQ community.  But same-sex marriage is something that is not appreciated as per Hindu belief.

Indian society does not believe in changing or updating any system that is created by god or nature. Hence it supports LGBTQ but not the marriage of same-sex people. 

Also here in India, all the laws related to marriage are drafted as per the marriage of men and women. For example, IPC sec 498 provides imprisonment for the physical and mental torture of women by their husbands and in-laws. In the case of same-sex marriage, the interpretation of these laws becomes manipulated which can be harmful.