Same-Sex Marriages – What Do Proponents and Opponents Say About This?

In 2018, section 377 was struck down and homosexuality was finally decriminalised in India. This was a long and hard struggle for the LGBTQ community and even now homophobia is rampant and aggressively expressed. Now the High Court has been approached to legalise same-sex marriages, but there is stiff opposition to this. The question is, are we as a society ready for same-sex marriage? 

Matter before Delhi High Court

Petitions have been filed before the High Court of Delhi whereby the petitioners are asking for the recognition of same-sex marriages. The plea is for the Special Marriage Act (SMA) and Foreign Marriage Act (FMA) to apply equally to all, regardless of sexual orientation or gender.

 The petition has been opposed by the lawyers appearing on behalf of the central government. This, according to them would create “havoc with the delicate balance of personal laws in the country”. It is the centre’s position that the concept of the Indian family is one that consists of a biological man as husband, biological woman as wife and the child(ren) of that union.

“The petitioners cannot claim a fundamental right for same-sex marriage being recognised under the laws of the country,” said an affidavit filed on behalf of the government. Same-sex marriage would go against the codified personal laws as they exist in the country it was argued. There are other issues they said – in a same-sex marriage, who would be defined as ‘husband’ and who would be the ‘wife’?

The case for permitting same-sex marriage

If society has finally progressed to the point that it accepts same-sex relationships, the logical next step would be to also permit and recognise same-sex marriages. Couples who want to formalise and sanctify their relationship and their commitment to each other should be allowed to do so. Why should this matter to anyone else in a matter between two consenting adults? And if marriage is the union of two souls, why should their physical form matter so much?

Those who bat for same-sex marriages point out the illogicality of marriage between two strangers (as some arranged marriages still are) while denying this to couples who love each other, simply because of their gender and/or sexual orientation. In our country, where superstitions deem it OK for individuals to be married to a tree or even a dog, surely we should be more open to the idea of same-sex marriage? Also, unlike the Abrahamic religions, there is no express sanction against homosexuality in Hinduism. In fact, temple architecture and mythological texts would suggest that India has a strong tradition of celebrating alternative sexuality.

The real problem is that homophobia is still our social reality. There is still suspicion, hostility and ignorance about the LGBTQ community among a majority of people. People with other sexual preferences are still forced to live a lie; hiding away their true self for fear of family rejection and social disapproval/persecution. The overwhelmingly patriarchal structure of our society feels threatened by the idea of the ‘nontraditional’ family that challenges gender roles and the notion of the family unit. Also, this moves the decision-making authority and power centre away from where it is traditionally concentrated: in the hands of the older male members of the family.

There is also a certain distaste for what is presumed to be a promiscuous, permissive culture leading to social decay and anarchy. The very idea threatens the control that society currently exerts over individual choice because it is seen as alien and unfamiliar. There is also the concern about procreation in same-sex marriage. The ignorance surrounding the whole issue causes opponents to presume these relationships to be less secure, more prone to ending and bad for the kids of such a union.  

People reject the idea of same-sex marriage is because this challenges their basic understanding of society and family structure. They feel it threatens their way of life; particularly the monogamous relationship which is central to the social structure they are familiar with. But then, homosexuality was a crime until recently and we evolved beyond that – we will evolve further, it is only a matter of time.

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