Same-sex Marriage legality in India
The Centre has opposed same-sex marriage in the Supreme Court, stating that marriage between a biological man and woman is a holy union, a sacrament, and a sanskar in India.
The government argued that the Court had only decriminalised sexual intercourse between same-sex persons in its 2018 judgement in Navtej Singh Johar v. Union of India, and not legitimised this “conduct”.
The court, while decriminalising homosexuality, did not accept same-sex marriage as part of the fundamental right to life and dignity under Article 21 of the Constitution.
Arugments in Favour of Same Sex Marriage
All individuals, regardless of their sexual orientation, have the right to marry and form a family.
Non-recognition of same-sex marriage amounted to discrimination that struck at the root of the dignity and self-fulfillment of LBTQIA+ couples.
Same-sex marriage is legal in many countries around the world, and denying this right to individuals in a democratic society goes against the global principles.
In 133 countries homosexuality decriminalised, but only in 32 of them same-sex marriage is legal.
Excluding LGBTQ+ persons from marriage excludes them from full benefits of participating in family and community life. It excludes them from acceptance in society.
Same-sex attraction is a natural part of human society, not any crime or illness.
Marriage benefits a couple in tangible and intangible ways.
Tangible benefits include:
The ability to open joint bank accounts, jointly buy or rent a property, jointly own and share financial assets.
Tangible benefits include:
Be recognised as a relative under the Indian Income Tax Act, access a spouse’s health and life insurance, and inherit a spouse’s assets if one partner dies.
Intangible benefits :
Gaining legitimacy, respect and affection from society and being able to participate fully in all family events.
Marriage equality enhances family bonds and encourages unity.
Spouse health insurance - these policies have been challenging to implement with insurance companies as same-sex partners are not legally recognised as spouses.
Arugments Against Same Sex Marriage
In India, despite statutory recognition of the relationship of marriage between a biological man and a biological woman, marriage necessarily depends upon age-old customs, rituals, practices, cultural ethos and societal values.
Registration of marriage of same-sex persons would also result in violation of existing personal as well as codified law provisions - inheritance, tax, and property rights etc.
Some people argue that the primary purpose of marriage is procreation, and that same-sex couples cannot have biological children.
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