Should Same-Sex Marriage be Legalized?

Should Same-Sex Marriage be Legalized?

Author: Nishtha

University of Allahabad

ISSN: 2582-3655 

This research paper analysis same-sex marriages in the Indian context which is successfully kept undercover. It also attempts to describe and explain various aspects of Homosexuality including the evolution history, the reasons, the societal attitude, and reactions towards such relations. And arguments against same-sex marriages in context to society religion children, culture, and what rights the community left off.

Same-sex marriage in India

The law has changed, but unfortunately, society hasn’t. Society has still not come to terms with homosexuality. ‘sickness’, ‘just a phase’, ‘western influence’ is a few of the terms that Indian society uses to disguise homosexuality as something unnatural.

 The Special Marriage Act, September 6 is a celebrated day for the LGBTQ community of India. It was on this day in the year 2018 that the draconian British-era law, section 377 of the Indian Penal code that criminalised same-sex relationships, was read down. it absolutely was a serious step for a nation like India where conservative norms are prevalent. However, the issues are not any less for the community even after the removal of section 377.
 1954, allows for marriages between individuals from different religions and castes. While no separate definition of marriage is given, the Act also has heterosexist underpinnings, like the definition of a ‘prohibited relationship’ which only considers a relationship between a man and a woman within certain degrees of familial relations.

Thus, India doesn’t have any legislation that legalizes same-sex marriages. However, Delhi High Court’s landmark judgment in Naz Foundation v. Government of NCT of Delhi is a major step towards changing the perception of same-sex unions in India.

unfortunately, we’ve only scratched the surface to date. There’s still lots of dishonor and hatred within the society for the community. Both judiciary and legislature can play a huge role in shaping the minds of the state. Thus, it’s time that the govt. of India and judiciary realize the rights of LGBTQ and grants all of them the civil rights and respect that are enjoyed by the heterosexual section of the society. The state mustn’t only provide for legal sanctions to same-sex marriages, but it should also amend the prevailing laws to allow them to accommodate the LGBTQ problems and rights likewise.

Homosexuality in ancient India

Homosexuality has an ancient history in India. It’s around 1500 BC ancient text like Rig-Veda states about different sculptures and vestiges which clearly depicts sexual acts between women where sexuality was based on pleasure and fertility. Then Muslim nawabs and Hindu Aristocrats were keeping young boys for homosexuality within medieval Muslim history. There is evidence of sodomy and same-sex relationship in Tantric rituals. Later these experiences lost their significance with the appearance of Vedic Brahmanism and British Colonialism. The Aryan invasion in 1500 B.C suppressed homosexuality through the emerging dominance of patriarchy.


Article 15 (1) of the Constitution of India provides no discrimination of the citizen on the grounds of religion, caste, sex, race, place of birth or any of them.

Article 21 assures protection of life and personal liberty so that no person shall be deprived of his life or personal liberty except according to procedure established by law.

Thus, nobody can restrict the court of law to form same-sex marriages legitimate, rather the constitution emphasizes the requirement to safeguard and make provisions against discrimination.

Every person has the right to live their life the way want and choose what gives them happiness, and what doesn’t Article 21 of the Constitution of India entitle every citizen to the right to life and personal liberty.  This right also includes the right to privacy and dignity. Choosing one’s life partner is a private subject, and it is a choice that an adult is entitled to make for himself.  What is the problem then, if a man wants to marry another man, or a woman finds her soul mate in another woman?

Legalizing same-sex marriage in India is an ongoing struggle for the Indian LGBTQ community.

How discriminator?

In 1994, a difference, arouse surrounding reports of homosexual activities within the male wards of Tihar jail, New Delhi, following a medical team’s visit. While the survey report of the World Health Organization in 55 prisons in 31 countries said that there was a higher rate of HIV transmission among prisoners than among the general population, the Tihar jail authorities’ response was to deny any homosexual activity in the prison. Seeing this as a right occasion, a Public Interest Litigation (ABVA vs. Union of India and Others) was filed in the Delhi High Court in April 1994.
 The petition urges that Sec 377 must be struck down as being unconstitutional on the ground of the right to privacy as it is a part and parcel of the fundamental right of life and liberty under Article 21 of the Constitution and is recognized by the 1948 International Convention on Human Rights it is a violation of Article 14 of the Constitution as it discriminates against persons on the basis of their sexual orientation.

What You Cannot Do Without a Legitimate Marriage:

• You cannot establish a blood relation: this is only considered in between the wedlock and parent-child relationship.

• You can – not add a nominee, or be in any legal affairs.

• You can – not apply for a joint visa, joint bank account, etc.

• You can’t adopt a child.

Other basic rights and privileges:

There are plenty of other rights and privileges that same-sex couples are barren of in day-to-day matters that are enjoyed by heterosexual couples of the society. Benefits like tax-saving on the joint filing of Income Tax, the financial advantage of owning joint property and joint home loans are just dreaming for same-sex couples. While they’re barren of benefits, they’re also presented with many problems. It can range from as simple as to problems faced in case of opening joint bank accounts too as serious as nominations in case of insurance policies

There are multiple arguments, about same-sex marriage

Against tradition and society:   

Many give the admonition that homosexuality is a sin and that one just wants to stop it. The behavior changes while the concept of homosexuality comes in its way. Some people think of it is a destroyer of moral values, religion, and cultural beliefs and some think it is an abnormal activity that is not natural rather an unnatural offence.

The Vedas, the authoritative guiding text of Hindus, mentions the term ‘third gender’, as the persons for whom the sexual acts are not procreative either due to impotency or lack of attraction towards the opposite gender. It directs Hindus that these persons are not to be ostracised and some are even considered to have divine insights. Kama Sutra, the Hindu text enclosing information about sexual pleasures, devotes an entire chapter to homosexual sex saying “it is to be engaged in and enjoyed for its own sake as one of the arts”.
The Bible is explicit terms say that both partners engaged in the homosexual act are to be punished as it is a capital offence.

MUSLIM: Homosexuality under this law, is not only a sin but a punishable crime against God. In the case of homosexuality, how it is dealt with differs between the four mainline schools of Sunni jurisprudence today, but what they all agree upon is that homosexuality is worthy of a severe penalty.

While the Hindus and Christians talk about homosexual acts, in Islam, they, explicitly included “men” in the list of those whom man cannot legally marry. Also, says that a man must be punished for his homosexual acts.

Damaging for and corrupting children’s development and lives

People think raising children in LGBT families without a unit of a mother and a father is deeply damaging for their development, will confuse them and not allow them to understand the different roles that women and men play in societies and how family units are a reflection of society at large.

Western import — against ‘our’ culture

LGBTQ and gender ideology were born in the West, in the US and Europe in particular, and are aggressively trying to infiltrate into other more traditional societies where these notions and ideas are not native. And 
The most common rejection of LGBTQ communities and populations around the world has been attached to the desire to dissociate and push back anything coming from the West.


This is time ‘Same-sex marriage’ should be legalized Everyone should have the right to choose their life partner, and what is so wrong accepting that. there must be a special law for partners in LGBTQ to get their Rights which is given in the “Normal Marriage Act” so that LGBTQ people can live with their rights and people they want to. INDIA talks about Humanity but they are eventually discriminating Humanity into Race Religion and Now Love! If 25lacs people are from gay community Government must not play the game they must take into matters so that people can live with Respect with their partners they want to with their legal Rights. “Kehte hai Soch badlo desh badlega ” kaha gayi abb apki nayi soch? people who are taking their life or forced to a marriage is the biggest Crime and this Sin will not be forgiven. Every individual has their own right to live love.

 People are not much aware of this. India was a country free of all these barriers and everyone was free to be who and whatever they wanted to be but the British were the ones who made it a taboo in our country and now they are fighting for it as well no offence Tho TBH in India’s Vedas and Kamasutra (the book of sex) LGBTQ had their own identity and everyone was very open-minded the fact that India lost its true culture really hurts I wish we could go back.

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