#LegalizeLove: Why India should recognize same-sex marriage

#LegalizeLove: Why
India should recognize same-sex marriage

India is a diverse and vibrant country, home
to millions of people who identify as lesbian, gay, bisexual, transgender or
queer (LGBTQ+). Yet, despite the rich history and culture of acceptance and
inclusion of sexual and gender minorities in India, the legal and social
recognition of same-sex relationships remains elusive. In this article, I will
argue why India should recognize and legalize same-sex marriage, based on the
principles of equality, dignity and human rights.



The legal status of same-sex Relationships in
India



The legal status of same-sex relationships in
India is complex and contradictory. On one hand, the Supreme Court of India
decriminalized consensual homosexual acts in 2018, in a landmark judgement that
affirmed the constitutional rights of LGBTQ+ people to privacy, autonomy and
expression. The court also recognized that sexual orientation is an innate
and immutable characteristic of one’s identity and that discrimination based on sexual orientation is a violation of the fundamental right to equality

On the other hand, the same court has refused
to entertain petitions seeking to legalize same-sex marriage in India, stating
that it is a matter for the parliament to decide. The government has also
opposed the recognition of same-sex unions, arguing that they are against Indian culture, tradition and family values. The government has also
claimed that there is no legal or constitutional basis for granting marital
rights to same-sex couples and that doing so would create social chaos and
undermine the institution of marriage

However, these arguments are flawed and
unfounded. First of all, there is no single or uniform definition of Indian
culture or tradition. India is a pluralistic and multicultural society, where
different communities have different customs and practices regarding marriage
and family. Moreover, there is ample evidence of the existence and
acceptance of diverse sexual and gender identities in ancient and medieval
India, as reflected in various scriptures, texts, sculptures and art forms

Secondly, there is a clear legal and
constitutional basis for recognizing same-sex marriage in India. The Supreme
Court has already established that sexual orientation is an integral part of
one’s identity and dignity and that discrimination on this ground is
unconstitutional. The court has also held that the right to marry is a part of
the right to life and personal liberty under Article 21 of the
Constitution. Therefore, denying same-sex couples the right to marry is a
violation of their fundamental rights to equality, dignity and freedom

Thirdly, no evidence recognizing same-sex marriage would create social chaos or undermine the institution of
marriage. On the contrary, allowing same-sex couples to marry would strengthen
the social fabric by promoting diversity, tolerance and respect. It would also
enhance the well-being and happiness of LGBTQ+ people and their families by
providing them with legal protection, security and recognition. Moreover, it
would not affect or harm the rights or interests of heterosexual couples or
anyone who chooses to marry according to their statusbeliefs and
preferences.



The benefits of recognizing same-sex marriage
in India



Recognizing same-sex marriage in India would
have multiple benefits for LGBTQ+ people, their families and society at large.
Some of these benefits are:

·        
Legal
benefits: Same-sex couples would be able to enjoy various legal rights and
benefits that are currently available only to heterosexual married couples,
such as inheritance rights, property rights, adoption rights, custody rights,
maintenance rights, tax benefits, insurance benefits, pension benefits, health
benefits etc. These rights and benefits are essential for ensuring the welfare
and security of same-sex couples and their children.

·        
Social
benefits: Same-sex couples would be able to enjoy greater social
acceptance and recognition by being able to register their marriages legally.
This would reduce the stigma and discrimination faced by LGBTQ+ people in
various spheres of life such as education, employment, health care etc. It
would also foster a culture of respect and inclusion for sexual and gender
diversity in society.

·        
Psychological
benefits: Same-sex couples would be able to experience greater
psychological well-being and happiness by being able to express their love and
commitment publicly through marriage. This would enhance their self-esteem,
confidence and mental health. It would also reduce the stress, anxiety and
depression caused by hiding or denying their true selves.



Conclusion



In conclusion, I believe that India should
recognize and legalize same-sex marriage as a matter of justice, equality and
human rights. Same-sex marriage is not a threat or a challenge to Indian
culture or tradition; rather it is an expression of love and diversity that
enriches Indian society. Same-sex marriage is not a privilege or a concession;
rather it is a right and a duty that upholds the dignity and freedom of LGBTQ+
people. Same-sex marriage is not a problem or a controversy; rather it is a solution
and a celebration that enhances the happiness and well-being of all.