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Justification to same sex marriages by Rahul Chaudhary

Justification to same sex marriages by Rahul Chaudhary

History in India :
Homosexuality has an long past of India and several manuscripts reveal it in ancient times in India. Ancient scriptures such as Rig Veda, statues and vestiges from about 1500 BC portray sexual activities between women as revelations in a feminine universe in fun andfertility. Over the last century, the definition of homosexuality shifted significantly. Homosexuality was no longer viewed as an irregular activity after 1974 and was therefore excluded from the psychiatric illness classifications. This was also de-criminalized in 2018 in
different nations, including India. Pros of same Sex Marriage :

1. It creates real equality for all : If two people of opposite genders can be married, then to be equal. That’s how just about every marriage starts. There
is a desire to build a foundation for a lifetime of togetherness.

2. It offers happiness : the founding documents state that people have the right to pursue their own happiness.

3. It provides business opportunities : Now that more people can get legally married, it offers more opportunities to the business sectors which
provide wedding services.

4. It stops needless violence : In some countries, same gender relationships are punishable by the death penalty or life imprisonment. Many of these
nations are in the Middle East.

Cons of Same Sex Marriage :

1. It creates change : People don’t like change, but that’s more because they fear the future consequences of it rather than the present decisions that are being made. From a fear of God’s wrath to a fear of losing financial benefits, people who are afraid can make very poor decisions to
stop those feelings.
2. It imposes acceptance : It’s true that not everyone may find themselves with same gender attractions. For those that do not, having marriage equality laws in place can seem like an imposition of a choice with society-level consequences on them.
3. Some feel that it may offend God : From a spiritual standpoint, many have been taught that God forbids a same gender union.

Current status in India :

Being, in a country like India marriages are considereda very strong legal and social institution. In our culture marriage comes with legal rights and social
responsibilities. Marriage is such an important part of a person’s life our constitution has given full freedom to every one of life partner of their own choice under the ‘Right to Marry’ which is considered under Article 21
‘Right of Life’. Shakti Vahini V. Union of India, in this
case, the Supreme Court held that an adult has the
fundamental right to marry any person of his choice.
Even in the Hindu Marriage Act, 1955 it is nowhere
mentioned that the marriage should only be held
between a man and a woman only. In June 2019 a

survey was held by OkCupid, a dating app in which
nearly 69 percent of people were in favor of legalizing
same-sex marriages.

The main issue with the legalization of same-sex
marriages is that people start opposing it on the name
of various religious and cultural aspects. While arguing
in Delhi HC solicitor-general Tushar Mehta said that
same-sex marriages are against “our law, legal system,
society, and values”. It disappointing that a young
democracy is so stiff that it took nearly 24 years (the
petition was filed in 1994) just to decriminalize
homosexuality and allow to people to freely love each
other and now it has become so rigid because of values
and society that a group of sexual minorities are not
been given the liberty to marry someone of their own
choice. Keeping aside the religious and political angle
the legal system should allow the LGBTQ community to
get their marriage registered under the Special
Marriage Act, 1954.
The only way through this can be done is that people
should be made aware and should be educated to the
level where they can understand that every person has
the right to choose their life partner. Now, the time has
that we equal status, recognition, and rights for which
the LGBTQ community has been fighting.

Rahul Chaudhary
Rahul Chaudhary
LLB TYC 2nd sem

St. Soldier Law College

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