SAME SEX MARRIAGE AND RELATIONSHIPS IN INDIA

‘I Am What I Am, So Take Me as I Am’ this words by the Chief Justice of India, Dipak
Misra are the golden words in the history of Indian Judiciary, for the twenty five lakhs
homosexual and many other lesbian and gay couple who did not expressed their view in fear
of the social taboo thriving in the Indian society. The statement was made loud and clears in
front of the entire conformist who tried to manifest homosexuality as an incurable mental
disease and a social threat to the society, in the historic judgement where the apex court
decriminalised the consensual sex between homosexual while reading down section 377 of
the IPC.

Since the birth of human species every Pearson has craved for the food, water, security and
love. World’s lengthiest written constitution succeeds in availing the former rights to almost
every citizen without any discrimination. But the same constitution nourished the
discrimination in the cases of same sex marriage and seems to limiting and violate.
Decriminalisation of section 377 does not result in ending the grapple for the gay couple to
claim their rights as a married couple, as none of the codified law or personal law rather it be
the Hindu marriage act, 1955, Muslim Personal Law Application Act, 1937 or Parsi Marriage
& Divorce Act, 1936 accept the validity of same sex marriage. To better understand the
concept let us understand the meaning of same sex marriage.

SAME SEX MARRIAGE

Same sex marriage is the solemnisation of marriage between the two peoples, who have
feelings for the person of same gender and want to live as a partner. So, they decide to enter
in a civil or sacred ceremony to have benefit of all the perks available in a married life and to
become whole as one in front of law. Though, this kind of relationship is not legally
recognised in the India and legislation does not confer and lay out any limited rights to such
couples.

MYTHOLOGY, HISTORY & SAME SEX RELATIONS

In Indian Mythology the same sex love is as old as the Ramayana’s, the Mahabharata’s and
the Vedas. The truth is, until the East India Company in 1600’s followed by Queen Victoria’s
British raj introduced the Christian sin conjugal love and the straight and narrow, men and
women were introduced, across the ages belonging to all kinds of religion believed in the
much elastic sense of love and lust, which was adored and even was seen joyful.

For example, the Krittivas Ramayana describes two widows of the king Dilip living in
extreme love. The great king Dhrupad raised his daughter as a man and even marries her off
to a woman. In the Valmiki Ramayana, Hanuman’s journey to Lanka is marked by
commence of Raksha woman kissing woman, who hav been kissed and embraced by the
Ravana. The Kamasutra even has a description of men attracted to other man; it says that they
have a third nature. The famous temples of Khajrauo also depict the sculptures engaged in the
same sex erotic activities.
But with the introduction of Islam in India, many things changed due to the effect of religious
and cultural belief of ruler, but several remained the same. Mahmud of Ghazni openly lived
with a favourite boy, the sultanate ruler Alauddin Khilji liked malik kafur so much that he
even made him his deputy. While Babur the 1 st emperor to the Hindustan was famously
madden by a boy in the Bazar of Samukand.

It can be realised that as Hindus and Muslims mingled with each other over the centuries,
same sex love was a part of mix, but after more than 70 years of independence the Indian
sense of morality has remained faithful to the colonials, who completely tried to destroy the
rich culture and tradition followed in India.

FIGHT FOR RIGHT:

Fight of LGBTQ community to incorporate their right to same-sex marriage in the code of
Indian laws continues from a hurdling road. Supreme Court in interpretation of Article 21 of
the Indian constitution speaks that decision of an individual after attaining the majority, to
live with an individual as a partner of his/her right is her right. If the same right is infringed
by any person then it would be considered as the infringement of their fundamental right. But
the same right has been untouched to the large number of Indian citizens who want to marry a
person of his/her choice, reason being the person is of same sex/ gender.

Petitions have been filled in the Supreme Court to recognise the same-sex marriage under the
existing laws, so that this discrimination and taboo which has restricted numerous individual
to live a satisfactory life with their preferential partner could be eliminated. But both right
and the left wing parties has stated that the same sex love and marriage is an import of
foreigners and will destroy Indian values. Keeping their point straight the centre has urged
the court to dismiss the petition seeking recognition and validation of same-sex marriage,
stating ‘legitimate state interest’ as the reason. Government believes that laws of India are
framed according to the morality of society, without which a bill or perception cannot be
considered as the law; an immoral practice cannot be turned into a law just because it is
supported by a large number of Individual. A marriage in India revolves around the ancient
customs, rituals, cultural ethos and practices. Persons living in a same-sex marriage cannot be
compared with the Indian family concept, culture and tradition of the society. The stance of
the government in front of court makes the journey a bit hazy.

Although the court has not decided or passed a decree against the community and the fight
for the right still continues in the court and in the ground level against the society and the
orthodox thinking.

HURDLES

The so called known personalities, politicians, saints and speakers of the India selected and
elected by the peoples still believes that the performing same-sex marriage and recognising it
as a valid ceremony will hamper the morality of the society and disrupt the culture of India.
Many believe including the Ministers and members of opposition that homosexuality is an
incurable mental and physical disease and the person with such disease should be kept
separately from the society.

It is believed that it is not a choice and emotion of an individual but a water culture which is
imported from the foreign nations which needs to be eliminated. Doctors have been stated
that homosexuality and bisexuality causes a huge section of AIDS and STD patients, which
could be a cause of concern. But can be cured effectively if the section gets legal recognition
and non-discriminatory treatment in the society, after which the health issue can be openly
discussed by the individual.

Many insensitive thoughts like same-sex marriage are a danger to national security still
prevails in the society.

WAY AHEAD

 To recognise the concept of same-sex marriage the peoples need a new legislation to
regulate the concept.
 Ruling government needs to recognise the need of such decision which can give a
proper right to the large number of the homosexual peoples.
 Above all this the society needs to curtail this taboo and should encourage the choice
of such individual.

CONCLUSION:

Marriage is the ceremony where an individual gets a intuition of love and support by a person
with whom he/she wishes to spent their life, this choice should not be judged and
discriminated on the basis of gender of the choice made by that individual. Same-sex
relations have been recognised in the age-old culture and at present the legislators should
establish a particular legislation. Although there is no prohibition or ban explicitly in the
same-sex marriage but also there is no any legislation which accepts the marriage between
peoples of same sex. The patriarchal society should leave behind the orthodox thinking and
should treat all the individuals equally.