“Marriages are pure and are made in heaven” is the quote that the Indian society lives by. However, the word ‘Heaven’ in the statement asserts that marriage is more of a religious ritual between two people as far as one is a man and the other is a Woman. Marriages in India are often seen from a religious point of view than a legal one between two people who wish to share their lives together irrespective of their genders, caste, race, or religion.
In a nation, where reportedly an estimated 80-90% of marriages are arranged, it is not surprising to see the government and the society go against personal choice when it comes to choosing a life partner. After all the idea of choice does not fit into the cultural or religious norms of Indian society when the debate is about same-sex marriage.
Same-sex marriage is when people choose to marry the same gender than the opposite. Legalizing Gay marriages or lesbian marriages in India still has a long way to go before the law and society completely accept it.
Homosexuality in Indian Society
According to the ancient literature and scriptures, there were references to homosexuality, which thereby reflect that homosexuality is not something adopted from the foreign culture, but it was prevalent in Indian society from ancient times. But, here the question is not about whether homosexuality was a foreign concept but rather of accepting the fact that homosexuality is one’s way of living life and is very much prevalent in India.
The LGBTQ community namely Lesbian, Gay, Bisexual, Transgender, and Queer have been fighting for their right to be accepted in our narrow-minded society.
Coming out as gay, lesbian, transgender, bisexuals, or Queer in our society leads to homophobic, transphobic, and biphobic violence. There have been instances of death threats, rape, and other such violence towards the LGBTQ community. In a nation where the illiteracy rate is quite high, we can imagine the belief system of people who come from a very conservative background and perceptions.
It is hard for society to accept things considered ‘Unnatural’ as per their cultural and religious beliefs. What society does not understand is that homosexuality is not unnatural, but it is one’s way of living life having different emotional and sexual needs. Since, Indian society treats homosexuality as a disease, many same-sex couples tend to hide their relationships because of the fear to be branded as deviant.
The first pride walk was held in Kolkata on 2nd July 1999, but there were only 15 participants, and we can say it was the beginning of pride walks all over the nation. After the first pride walk in Kolkata, the marches were held in about 21 Indian cities including Delhi, Bengaluru, Puducherry, Kerala, Chennai, Patna, Guwahati, and other places as well.
Issues and Challenges faced by Same-Sex Couples in India
In a nation where live-in relationships are often looked down upon, you can imagine the issues and challenges that are faced by same-sex couples. Same-sex couples feel that even talking about marriage becomes a religious debate than a political one.
The Indian society has a strong hold when it comes to rituals and religious customs that are followed from generations. Many people in India oppose the idea of same-sex marriage because they believe it is unnatural and immoral as they do not procreate life and build an Indian family unit of a husband, wife, and children.
Let us take instances from the life of Savita and Beena, who were the first lesbian couple in India. Savita and Beena come from a rural area in the northern state of Uttar Pradesh. However, in 2010, Savita was forced into an arranged marriage, but five months into the marriage, Savita ran away with Beena and came to Delhi where she was granted a divorce from her husband by a court in New Delhi. And this was the beginning of her fight to be accepted in society. Even though India has strict laws against same-sex marriages, the court approved Savita’s wish to marry Beena after the couple signed an affidavit declaring that they meet the requirements of a legal marriage. But, following the ceremony, Savita and Beena's parents and the entire community back in the village made an open declaration to kill the women. Meanwhile, Savita and Beena are constantly fighting and standing up to the prejudiced members of society. This was a small instance about the life of a homosexual couple in India.
You can also read about the first Indian gay marriage that took place in Yavatmal, Maharashtra. The gay couple, Hrishi Sathawane and his partner Vinh, who is from Vietnam came together to form a union.
As per reports, there were cases of same-sex couples committing suicide and many falling victims to honor killings by their disapproving family members. But despite the ordeals of facing the backlash from the society, and beneath the traditional coat of conservatism, a forthright LGBTQ community is rising.
How law deals with same-sex marriage in India
Section 377 of the Indian penal code states “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine”.
In simple words, section 377 criminalizes consensual sex between adults of same-sex. However, on 6th September 2018, Supreme Court struck down section 377 of IPC decriminalizing consensual sex among people of the same gender.
The central government received many petitions seeking recognition for same-sex marriages in India. However, the central government goes by their strict laws and opposed the idea of same-sex marriages as they believe that same-sex marriage is not a fundamental right in the nation and the marriages in India are dependent upon age-old rituals, customs, practices, and societal values. Moreover, the Supreme Court’s decision for decriminalizing consensual sex among the same gender never intended nor did legalize same-sex marriages in India.
Therefore, keeping the ‘Social morality’ in question, the laws do not allow same-sex marriages as they would create havoc and disrupt the social order.
Why same-sex marriages should be legalized in the country
The LGBTQ activists around the nation are fighting for their rights to legalize same-sex marriages in India. Some of the reasons why same-sex marriages should be legal in this modern era are as follows.
- There can be a drastic decrease in suicides and chronic depression faced by the LGBTQ community.
- Every person has the right to love, and by denying the rights of same-sex couples to have equal rights, the government is denying the basic fundamental rights to the LGBTQ community.
- Legalizing same-sex marriages in India will break the stereotypes and the preconceived notion about considering same-sex marriages as unnatural.
- Giving same-sex couples a legal status will not only give them social acceptance but will also give them their legal rights such as social security, health care, the right to raise a child, etc. However, denying same-sex couples the right to marry and forcing them into arranged marriages does no one good as it results in failed marriages.
Conclusion
All said and done, the legalization of same-sex marriages still has a long way to go in India. The hypocrisy is out there about how many people want the LGBTQ community to have their rights and the freedom to legally marry the same sex, but as soon as someone in their own family comes out as gay/lesbian/queer/transgender, their opinions are changed. Till the time there is no paradigm change in one’s way of thinking and breaking the shackles from the old-age rituals, same-sex marriages will remain a taboo. But, change is inevitable, and sooner or later better things are coming.
