Homosexuality and Same Sex Marriage in India

We often have people saying that “Marriages are made in heaven”. Marriage is a social and legal contract between two individuals that unites their lives legally, economically, and emotionally. Marriage is a journey of two individuals, where they share their lives, joys, sorrows, success and failures. The relationship is based on trust and understanding, love and care for each other, and it is a journey of a lifetime. Marriage is principally an institution in which interpersonal relationships, including sexual relations between the spouses, are acknowledged and legalised.

Homosexuality is a romantic attraction or a sexual attraction between members of the same sex. It refers to “an enduring pattern of or disposition to experience sexual, affectionate, or romantic attractions” to people of the same sex. Many people in society feel that homosexual activity is unnatural and dysfunctional. Homosexuality is a way of living life by an individual of which he/she has complete right as assigned to him/her by constitution under Right to life with dignity & respect.

Many Indians, believe that the concept of same sex unions has been brought by the Western countries, and the bad influence of western countries on the Indians is leading to their rise. However, homosexuality is not a concept devised by the West, as many who oppose this notion believe. References of homosexuality can be found in our ancient literatures and scriptures, which reflect that the concept was prevalent in our society since ancient time. Rigveda, one of the four canonical sacred texts of Hinduism says ‘Vikriti Evam Prakriti’ (what seems un-natural is also natural), which some scholars believe recognises the cyclical constancy of homosexual/transsexual dimensions of human life, like all forms of universal diversities. Historical literary evidence shows that homosexuality has been prevalent across the Indian subcontinent throughout history.

In India, homosexuality has been a taboo since a very long time. Marriage is considered to be a holy and union between persons of the same sex has been considered to be immoral and inappropriate. Since marriage is seen mostly from a religious angle, a gay marriage is presumed to be unholy and against God himself. . Thus anything unacceptable by religion or faith, as same same-sex marriage results in banishment or in some cases murder of the couple in the name sake of preserving the holiness of the religion. Gay marriage/same sex marriage are thus presumed to be unholy such relationships are considered immoral & social evil.

The Special Marriage Act, 1954, allows for marriages between individuals from different religions and castes. Every person has the right to live their life the way want, and decide what gives them happiness, and what does not. Article 21 of the Constitution of India entitles every citizen of with 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? We need to understand that gays or lesbians are not aliens instead they are one among us only having different emotional & sexual needs. Many people consider homosexuality a crime because of religious and moral reasons. As a member of the society, man is raised with certain traditional notions of life and the way of living.. Many people take the pretext of religion to call same sex relationships as immoral. As homosexual relationships have been widely questioned by many religious leaders and associations, the followers may interpret gay marriage/ relation as a sin. However, no religion teaches to hate anyone because that person is different from us or teaches us to publicly humiliate and discriminate another person. Every religion teaches that love is the greatest of all emotions. So how can a man loving another man commit a sin?

Homosexuals are facing immense humiliation and discrimination by the society, without any fault of theirs and are thrown out from the community, once their identity was revealed. This has forced many such couples to hide their sexual orientations, causing frustration, dissatisfaction and self- hatred among many. A satisfactory personal life is as much a right of gay couples as others. Why is being a homosexual wrong? It is someone’s sexual orientation that is strictly one’s private life, and hence should not affect other areas of one’s life.

Same sex marriages should be given a legal status in India. Homosexuals often feel like an outcast in the society. The best way they can integrate completely into the society would be by legalising their relationships. That is, marriage will help eliminate the stigma attached with being a homosexual. By giving them a married couple status, not only do they get social acceptance, but also the benefits a married couple enjoys in India: social security, property inheritance, right of raising a child, health care facilities, etc. Forcing them to marry out of their choice and against their sexual inclination not only disturbs their life but also destroys the life of their partner.

The Delhi High Court’s judgement has opened new gates, and it will hopefully prove to open many more gates in the future. This judgement is the light in the dark tunnel that will hopefully see a new marriage law in the country that caters to the need of all. Change is the law of nature, and law itself cannot remain stagnant. This is the time that we as conscious citizens of India open our eyes and see homosexual relationships, not through the eyes of morality and religion, but from the point of view of humanity.