All About Same Sex Marriages In India

Introduction

Many of the industrialized nations support same-sex marriage if we discuss civil and human rights. Third genders have experienced discrimination based on gender for a very long time. They have fought tenaciously to have their rights recognized by the law. It is increasingly desirable to have legal protection for homosexual relationships on an equal basis with heterosexual relationships. Marriage is seen as a fundamental human right. However, there is no legislation or statute that enshrines this freedom for transgender people. When the Supreme Court issued the NALSA ruling, they were given hope. It was the first attempt to formally recognize both their gender and the fundamental rights that are accorded to everyone, regardless of sex.

The Indian viewpoint on homosexuality

An attraction, whether romantic or sexual, between two people who identify as members of the same sex group is what is known as homosexuality. It is nothing more than a persistent desire to engage in sexual intimacy with individuals of the same sex. Scientists have conducted a number of studies to try to determine why homosexuality exists in humans. Only a few biological ideas propose that a person's sexual orientation is influenced by their genes, their early uterine environment, or both of these variables combined. According to research, it is an uncontrollable, natural variety that is part of life. However, a portion of society still feels this way in the twenty-first century.

It has long been considered taboo in India. The majority of personal laws define marriage as a sacrament and the uniting of two souls between people of different sexes. Same-sex partnerships are viewed as being extremely unethical and going against both tradition and religion. Lesbian marriages are regarded as unholy since they are personal and are guided by one's religious beliefs. In India, people frequently think that it is a product of western civilization and a negative foreign influence. Since our ancient scriptures and literature reflect a thought somewhat comparable, it is not a western practice. One of Hinduism's most revered texts, the Rigveda, has the phrase "Vikriti Evam Prakriti," which translates as "what appears to be unnatural is also natural."

Viewpoint of Different religion on same sex marriage

• Hinduism

There is a wealth of Hindu literature accessible that speaks volumes about Hinduism's position on same-sex weddings and homosexuality in general. In India, homosexuality has a long history. Sexual practices between women are depicted in ancient texts like the Rig-Veda, which dates back to roughly 1500 BC, as well as in sculptures and other artefacts, as disclosures of a feminine universe in which sexuality was predicated on pleasure and fertility. Some historical proof of same-sex relationships can be found in the depiction of gay actions in the Kama Sutra, the sculptures at the Khajuraho temple, the Mahabharata character "Sikhandi," and sodomy evidence in Tantric rites.

However, with the rise of Vedic Brahmanism and later British Colonialism, these experiences began to lose their relevance. The Manusmriti stipulates severe penalties for females engaging in sex with a girl, establishing the existence of such relationships during the menstrual cycle. Up until British Colonialism, when the destruction of representations of homosexual expression and sexual expression in general became more systematic and overt, both sexual systems coexisted despite variations in relative repression and freedom.

•  Muslim

The Qur'an and Muhammad's Sunnah are both the sources of Islamic Shariah law. According to this legislation, homosexuality is a crime against God and a sin. The four primary schools of Sunni jurisprudence now have different views on how to treat homosexuality, but they all concur that it is deserving of a severe punishment. Muhammad himself had said, "If you find anyone doing as Lot's people did, kill the one who does it, and the one to whom it is done." The "appearance" of homosexuality was also condemned by him when he cursed effeminate males and manly women and commanded his followers to "Turn them out of your houses." His succeeding rulers naturally followed this stance on gays. Even moderate Muslims consider homosexuality to be abhorrent and disgusting.

•  Christianity

 Regarding the view of homosexuality, there has been a heated dispute in the Christian community. In contrast to the other sentence, which suggests homosexuals should be embraced so they can discover a greater calling in God and mend their ways, the first line criticizes the idea as a whole. After modern Western nations started to legalize homosexuality, a rift in thought developed. However, Christianity has long condemned homosexuality.

Legal Provisions on same sex marriage

•  Based on Hindu Marriage Act

According to the Hindu Marriage Act, the bridegroom must be twenty-one years old, and the bride must be eighteen years old at the time of marriage. The Christian Marriage Act uses the terms man and woman to provide a similar provision. Nearly all personal laws in India define marriage as the uniting of heterosexuals. However, the Hindu Marriage Act does not officially forbid same-sex unions. Several methods can be used to recognize them under personal laws, including the following: 

•  It is possible to interpret current legislation to permit same-sex unions. 
• The term LGBT (lesbian, gay, bisexual, and transgender) refers to a distinct community whose traditions allow same-sex unions. 
• The Act should be interpreted in a way that permits same-sex marriage; otherwise, it would be against the law.
• Last but not least, alter the Act itself as necessary. 
• Based on the Special Marriage Act

The particular Marriage Act of 1954 permits a particular kind of union between those who, regardless of their faith or religion, do not wish to be subject to their personal laws. Making changes to the Special Marriage Act to enable same-sex unions is an alternative that shouldn't stir religious hostility. In contrast to marriages under the Hindu Marriage Act, marriages under this Act do not necessitate the performance of religious ceremonies and practices.

Therefore, it is obvious that a case might have been established if the Special Marriage Act had legalized same-sex unions. However, it may be argued that the Special Marriage Act is constitutional because it was passed after the constitution entered into force based on the Suresh Kumar Koushal v. Naz Foundation ruling. There have been numerous cases of homosexuals coming out to claim their rights status since the Supreme Court decriminalized section 377 of the Indian Penal Code. The court determined that the right to choose a mate is a basic right in the case of Shakti Vahini v. Union of India and others.

Therefore, aside from a lack of understanding of the requirements of same-sex couples and blind prejudice, there is not a single reason why same-sex marriages should not be permitted. The government has committed a serious error because it is unable to make the needed changes to the current laws and has not passed any further legislation to deal with these problems.

Challenges faced by Same sex Marriage

Nine nations around the world have death penalties for same-sex crimes. Same-sex marriage is currently allowed in India. Prior to 2009, Section 377 of the Penal Code in India made homosexual acts a crime. This made it unlawful for anyone to engage in voluntary sexual activity in nature's natural order. Human Rights Watch has said that despite the rarity of prosecutions under this section—there were no convictions for gay acts in the twenty years before to 2009—the law was used to harass LGBT groups, sex workers, men who have sex with men, and HIV/AIDS prevention advocates. The group records the 2006 and 2001 arrests in Lucknow of four persons each. The People Union for Civil Liberties has written two reports on the human rights abuses committed against transgender people in India.

 In addition to the difficult legal environment, homosexuals also experience social stigma. Same-sex unions are still unthinkable since anyone who engages in sexual activity with another person of the same sex is hated and despised. The Indian society has a deeply ingrained dowry system that it seeks to safeguard by discouraging same-sex unions. It will be a major concern as to who would give dowry to whom if both parties were male or female. Additionally, same-sex relationships are seen as unnatural or going against the natural order of things.

Conclusion:

Depending on the culture, marriage is interpreted differently. It is mostly a place where people go to recognize their own intimate relationships, such those with their families and partners. It is undeniably true that homosexuals experience prejudice, intolerance, and isolation from mainstream society. The causes could be social or personal. Currently, 29 of the world's 195 nations have legalized same-sex unions.