Justification to same sex marriages by Sahil Sharma
Homosexuality can be defined as an attraction be it romantic or sexual between two individual belonging to the same class of sex. It is nothing but enduring disposition to experience sexual affectionate from people of same sex. To answer the question as to why homosexuality exists in human scientists have taken on several research. Few biological theories suggest the cause of sexual orientation of an individual is favoured by either genetic factors or the early uterine environment or both in combinations. Research shows that it is a normal and natural variation in which isn’t controlled by an individual. However, even in 21st century some section of society believes it to be dysfunctional.
In India, it is seen as a taboo since ages. Most personal laws describe marriage as sacrament and union of two souls between individuals belonging to different sex. Same sex relationships are considered grossly immoral and violative of custom and religious beliefs. As marriage is a personal area and is governed by one’s religious faith gay, lesbian marriages are considered unholy. People in India often believe that it is a part of western culture and it is a bad influence of foreign countries. However, it is not western practise, because our ancient scriptures and literature reflect somewhat a similar concept. The Rigveda, one of the sacred texts in Hinduism mentions, ‘Vikriti Evam Prakriti’ which means what seems to be unnatural is also natural.Whenever we talk about human as well as civil rights, many of the developed countries have embraced same-sex marriage. For a long time third genders have been suffering gender-based discrimination. They have persistently fought for legal recognition of their rights. Protection of homosexual relationships legally on the equal footing like heterosexuals has now become a desideratum. The right to marriage is considered a human right. However, there exists no law nor any legislation which legally enforces such right of transgenders. They were given a hope when Supreme Court delivered the NALSA judgement. It was the first attempt to legally recognize their gender and the fundamental rights which conferred to all irrespective of an individual’s sex.
Marriage is considered as one of the important elements of a person’s identity in politico-legal and socio-economic sense. It is an institution which legally codified under various personal laws for recognizing the relationship between two parties. It is of great public importance as it gathers much significance in respect of rights and duties like property, inheritance and those kinds of related rights. These rights stem from a marriage. In today’s world the institution of marriage is not only a civil right but it has gained international acceptance. Right to marry is obligatory on the state. In India, the right to marry is now recognized as a constitutional right, which grants the freedom to an individual to choose spouse of their own choice.Articles 19 and 21 of the Constitution of India protect the right to marry a person of one's choice, and this right should apply to same-sex couples, just as it does to opposite-sex couples.
Sahil Sharma
B.com LLB 8th Sem