SAME SEX MARRIAGE
Country where Homosexual marriages are legal is United Kingdom , Mexico ,Canada ,New Zealand etc. India is one of the 72 countries that have not legalized gay or lesbian marriage . South Africa became the first country to legalize gay marriage ,thus it constitutionally safeguard the rights of LGBT . In India homosexual marriage is a criminalized act ‘against the order of the nature’. Its been penalized under section 377 of IPC that is unnatural offence.
SUPREME COURT’S VERDICT
Section 377 of IPC which bans carnal intercourse against the order of nature with any man, woman or animal is punishable by life imprisonment .It is adopted from an English law. India’s apex court ,while handling this sensitive matter of reviewing section 377 of the IPC whether or not to legalize homosexual act, digged up the pith and narrow of the issue before arriving at the final judgment ,which was not to decriminalize the same. However, after the magnanimous verdict on the privacy issue , the pre-decided case on section 377 has now again been brought to the limelight of review.
ISSUES WHICH ARE ASSOCIATED WITH SAME SEX
In India there are many controversies about gay marriage. since romantic love is only possible between men and women ,sex between two men or two women cannot constitute a proper relationship. Bhagiradha Maharaja who is an Indian king born of two female parents .In kama sutra, the Hindu book on sexuality, homosexuality is considered permissible in some communities and forbidden in others. In part of the Rigveda vikriti evam prakriti that is the unnatural is also natural. Whereas in Manusmriti , engaging in homosexuality is put down as a sin. chapter 8:369-370 prescribe the punishment for lesbian conduct. Let’s have a look at Christian religion, homo sexuality is an abomination as per Bible(Leviticus 20:30). In Quran homosexuality in a sin. The Arabic term for homosexual anal intercourse is liwat .The Quran demands for unspecified punishment for men guilty of lewdness together unless they repent . The Prophet said : if you find anyone doing as lot’s people did, kill them one who does it ,and to one whom it is done(38:4447) .Thus in India there is strong oppositions against gay marriage by the religious institutions. India is a country which is known for its culture .They believe in natural Law. people feel that gay marriage is against their customs.
CHALLENGES OF SAME SEX MARRIAGE
It affects the child of the gay couple. It causes confusion for them as to how reproduction works. Main purpose of marriage is to have a child. In same sex marriage they cannot have children because it requires both female and male to conceive a child. Marriage is a tradition ,thus by legalizing gay marriage it gives way for non- traditional couples. Kids needs both mother and father so as to be successful adult. Legalizing gay marriage will lead to more HIV .HIV rates are higher among homosexual men than among heterosexual men.
ONGOING STRUGGLE BY SAMESEX MARRIAGE
Same sex marriage face social stigma ,it draws hatred and disgust. In India we give more importance to tradition. Social order in our country is based on religion views of procreation as an obligation of the execution of various religious ceremonies. Individualism is not encouraged in our country. People feel that homosexual marriage will destroy the concept of traditional family and will lose the sancity of marriage . There are many discrimination towards gay . the main problem is acceptance of the people from the outside community. Even in educated places in India ,suicides by lesbian women makes headlines every year . It even happens in home ,their own parents are not ready to accept them. Most of the LGBT people are acceptable only if they agree to behave like a heterosexuals. There are many issues related to violence ,unemployment, poverty and lack of health care. In India there are people who are not even aware of what LGBT stands for, because they think those who are gay are not allowed to be a part of family.
In western world there is still a clear lack of openly gay athletes in professional sports especially games like football and rugby even in 2018. Layana White ,a basket ball player who was harassed as a result of her relationship with her female team mate, she was forced to leave the school. she says that being in the closet in an attempt for her professional career left her considering suicide.
CONTITUTIONAL RIGHT TO MARRY
Marriage is basically a contract that gives you certain rights. Right to marriage is provided under human right charter under the heading of right to have family. Under Article 21 of our Indian constitution Right to marry is a universal right. whether it includes same sex marriage is a question.
EQUAL PROTECTION OF LAW
Criminalizing of homosexual conduct is violative of right to equal protection of law . Section 377 assumes that natural sexual act is that which is performed for procreation. Thus it makes all form of non-procreation sexual act as unnatural. This section is also discriminates on the basis of sexual orientation.
THOSE WHO DENY FREEDOM TO OTHERS DESERVE IT NOT FOR THEMSLEVES –Abraham Lincoln
First of all people must possess the mentality to accept same sex marriage. There should not be bullying of gay or lesbian. The most important step is to decriminalizing section 377 of IPC so that they could have normal life like others. While gay marriage don’t have legal sanction they are not a criminal offence. Many countries have legalized same sex marriage because they understand the need of having the freedom to love and to marry anyone you want. There should not be any differentiation in treatment of people who may be lesbian or gay .This can be possible only if all the rights are given to the LGBT community like normal citizens in India.