Indian civilization and culture are among the oldest on Earth. We have
changed over the years, bringing in a multitude of exquisitely varied aspects,
such as a broad range of dances, songs, foods, clothes, and a style of life that
welcomes individuals from many racial and cultural origins.
An individual can select the Indian religious law that they wish to marry under
from among a variety of existing laws. Sadly, some laws expressly refer to
heterosexual partnerships by utilizing terms like "husband," "wife," "man," and
"woman" in connection to one another, or they interpret generally applicable
laws in a way that makes them exclusive to these kinds of relationships.
It took the judiciary a very long time to decriminalise homosexuality; in 2018,
the historic case of Navtej Johar v. Union of India finally achieved this, but
regrettably, the ruling offers nothing to grant same-sex couples the same
freedoms as it affords heterosexual couples.
Marriage is still seen as a heterosexual institution in India, and as a result,
same-sex couples do not have many of the same rights as heterosexual married
couples. In light of this, the LGBTQIA+ community continues to advocate for
The abbreviation LGBTQIA+ stands for Lesbian, Gay, Bisexual, Transgender,
Queer/Questioning, Intersex, and Asexual/Ally. The + symbol is frequently used
to include various identities and orientations not specifically stated in the
The Indian government stated in 2003 that legalizing homosexuality would "open
the floodgates of delinquent behaviour." In 2009, the Delhi High Court ruled in
Naz Foundation Govt. of NCT of Delhi that Section 377 of the Indian Penal
Code,1860 and other legal prohibitions on private, adult, consensual, and
non-commercial same-sex conduct were in direct violation of the Indian
Constitution's fundamental rights.
However, the Supreme Court of India overruled the Delhi High Court decision
Naz Foundation v. Govt. of NCT of Delhi
and reinstated Section 377 of the
Indian Penal Code in another case, namely Suresh Kumar Kaushal v. Naz
The Supreme Court also declared that judicial action was not necessary in this
case, and the court ultimately opted to recriminalize sexual intercourse as
"against the natural order." In Fazalrab v. State of Bihar
, the Supreme
Court dealt with a case in which a man had gay relations with a kid with the
In the case of Puttaswamy v. Union of India
, the Supreme Court
unanimously concluded in August 2017 that the right to individual privacy is an
essential and basic right under the Indian Constitution. The Court also found
that a person's sexual orientation is a privacy concern, giving LGBTQIA+
activists optimism that Section 377 may be repealed shortly.
Legislation pertaining to same-sex marriage will be handled by Parliament after
a five-judge Supreme Court Constitution Bench refused to allow it on October 17,
2023. As to the Bench's ruling, the court cannot interfere as there is no
inherent entitlement to marry.
Acknowledgement Of Same Sex Attraction:
Ever before same-sex attraction was recognized as a phenomenon, humans have
found themselves drawn to other species, such as birds and animals. Similar
conduct is described by ancient Indian literature, stories from Hindu mythology,
and the sculptures at the Khajuraho temple.
Same-sex relationships, like heterosexual unions, are characterized by factors
other than sexual desire. Lesbians, gay males, and homosexual couples share the
universal human need to form close emotional bonds, look for companionship, have
children, and show their love via close relationships.
Problems Encountered By LGBTQIA+ Community In India:
Due to their sexual orientation or gender identity, members of the LGBTQIA+
community frequently face assault, harassment, and discrimination. People who
identify as LGBTQIA+ are frequently shunned, harassed, and barred from social
events since homosexuality is still stigmatized in many sections of Indian
culture. There isn't much legal protection in India against violence and
discrimination on the basis of gender identity and sexual orientation.
The stress and prejudice LGBTQIA+ people experience can lead to health problems
including HIV/AIDS, depression, anxiety, and drug addiction. Numerous LGBTQIA+
individuals encounter obstacles in obtaining healthcare services, such as mental
health care and HIV/AIDS treatment, as a result of societal stigma and
prejudice. Numerous LGBTQIA+ individuals experience rejection and disavowal from
their families, which can result in mental health problems, homelessness, and
Arguments In Support Of Same-Sex Marriage:
Ensuring equal treatment under the law for all people, irrespective of their
sexual orientation, is a civil rights issue, which includes legalizing same-sex
marriage. Regardless of gender or sexual orientation, everyone should be able to
marry the person they love.
Legal rights regarding adoption, inheritance, and other family-related issues
should be same for same-sex couples as for heterosexual couples.
Married same-sex couples benefit more from improved mental health because they
have more social acceptability, economic stability, and social support.
Legalising same-sex unions can contribute to societal stability by lowering
stigmas and growing the number of legally recognized families.
Objections To Same-Sex Marriage:
Many people are religiously opposed to same-sex marriage and believe it a sin.
Same-sex marriage is seen by some as a danger to conventional family values.
Growing up in same-sex families raises worries about potential harmful effects
on children. Some people think that accepting same-sex marriages would lead to
moral decline and other detrimental social effects, such as the dissolution of
The legalisation of same-sex marriage is a logical step towards the acceptance
and integration of India's LGBTQIA+ minority, which has endured decades of
marginalisation and harassment. Although the legalization of homosexuality was a
step in the right direction, extending civil rights like marriage and adoption
is crucial to building a more accepting and varied community.
Legalizing same-sex unions might open doors for future generations and be a
significant step in restoring India to its former status as a cosmopolitan,
inclusive, and varied civilization. The government should consider the distinct
cultural and socioeconomic settings of India while striking a balance between
societal cohesiveness and individual liberties.