Is India ready to debate the legality of same-sex marriage?

I would like to express my heartfelt apologies in advance because it is a very sensitive issue, and I don’t intend to hurt anyone’s sentiments.                

Marriage: a culturally recognized union between two people based on love, respect, and commitment. When we ask the people of our society what marriage means to them, they generally say the same, as I just said. But, a union can be between any two people irrespective of their gender. 

In a society where we are told that “ek ladka aur ek ladki sirf dost nhi ho sakte,”  the traditional definition of marriage is a legal tender between a man and a woman. With changing times, this traditional definition has been the centre of public debate and needs to be evolved. The marriage of same-sex partners is included in modern and liberal views of marriage and gender roles. 

Recently in April 2023, the Supreme Court of India began hearing petitions seeking the legalisation of same-sex marriage under the Special Marriage Act. Where the petitioners argue that the non-recognition of same-sex marriage amounts to discrimination that strikes at the root of the dignity and self-fulfilment of LGBTQIA+ couples, many religious bodies and NGOs have rushed to court claiming that Indian society isn’t ready for the legalisation of such marriages. 

Even though Section 377 IPC which was enacted by the British in 1860 was called by the Supreme Court of India on 16th September 2018, A  survey conducted (by Lokniti and Azim Premji University) in 2019, showed that only 19% of respondents believed that same-sex relationships should be accepted, while 55% disagreed.

Some people cite religion to oppose marriage equality. On the contrary, the Aranan festival is celebrated in Tamil Nadu, in which transwomen marry the Hindu god. These festivals reflect that unity in diversity is central to India.

The ancient Indian history also showcases the traces of homosexuality. In ancient texts like the Rig-Veda and through sculptures and artefacts, evidence suggests the existence of a feminine universe where sexuality was focused on pleasure and fertility. Historical instances of same-sex partnerships can be found in various sources such as the descriptions of homosexual activities in the Kamasutra, the harems maintained by Hindu aristocrats and Muslim Nawabs consisting of young boys, records of male homosexuality in mediaeval Muslim societies, and evidence of sodomy in Tantric ceremonies.

Comparing times, there were significant shifts in the understanding of homosexuality. In the 1950s, India implemented changes in Hindu personal laws, including the introduction of the Special Marriage Act. While some opposed these reforms, seeing them as a threat to Indian culture, they were necessary to address various social problems.

Belonging to a typical Indian family, If I go to my parents and say I wanna marry a girl, they will be taken aback, at how can this happen and won’t just agree to it. Even, we call ourselves Gen-Z and we are the ones who make fun of a person, by calling out names. It’s all about THE MINDSET.

Here I would like to give an example of my own family. A few days back, while taking on some topic about gender identity with my younger brother and grandmother, we started the LGBTQ+ community, where I told them about how different people identify themselves. Next coming to the topic of same-sex marriage in the discussion, when I said that even two girls or two boys can marry each other, the reaction I got from my grandmother was something I expected. Her ultimate reaction was “How is this possible, marriage is supposed to happen between two individuals.” I said, exactly! Union of two people, then how does it affect if two girls decide to get married or two boys. It’s their choice, this is what they choose to be happy. The next thing she said was “Hamare zamane m toh aisa nahi hota tha.” whereas my younger brother reacted to it differently. He said it’s good that people explore their true selves and know what makes them happy.

Every generation evolves with time, our parents' mindset evolved and is different from our grandparents, and our mindset evolved and is different from our parents. Not just a generation, if we talk to a kind younger to us, we can clearly see the evolution through time.

Marriage has been a significant social institution since the beginning of human civilization. Any change in its understanding and concept should be approached through open dialogue and democratic processes to ensure a comprehensive understanding and acceptance.

The journey towards universal recognition of love requires us to challenge biases, embrace diversity, and uphold the fundamental rights of all individuals. Together, let's pave the way for a more inclusive and compassionate society. #MarriageEquality #LoveWins #samesexmarriage #LegalReforms