SAME SEX MARRIAGE
Same-sex marriages refer to marriages between two individuals of the same gender. In India,
same-sex marriages are not currently legal, although there are ongoing efforts to recognize
and legalize them.
Legalizing same-sex marriage would not only provide legal recognition and protection for
LGBTQ+ couples but also promote greater social acceptance and reduce discrimination
against the community.
The Indian legal system does not recognize same-sex marriages, and the country’s laws
define marriage as a union between a man and a woman. Section 377 of the Indian Penal
Code, which criminalized homosexuality, was struck down by the Supreme Court of India in
Navtej Singh Johar v. Union of India in 2018, which was a major victory for LGBTQ+ rights in
the country. However, the decriminalization of homosexuality did not legalize same-sex
marriages.
Several legal cases have been filed in Indian courts seeking to legalize same-sex marriage,
but as of now, the courts have not yet granted legal recognition to same-sex couples. In
2017, the Delhi High Court declared that same-sex couples are entitled to be in a stable
relationship, but stopped short of legalizing same-sex marriage.
In 2019, the Transgender Persons (Protection of Rights) Act was passed, which aimed to
protect the rights of transgender individuals and provide them with legal recognition.
FAVOUR-
Denying individuals the right to marry based on their sexual orientation is a violation
of their fundamental rights and freedoms.
legalizing it would promote equality and inclusivity in society as denial of same-sex
marriage perpetuates discrimination against the LGBTQ+ community
it is consistent with the principles of secularism and democracy, which India is
founded on as the Indian constitution guarantees equality and freedom to all
citizens, regardless of their sexual orientation
OPPONENTS
Marriage is a sacred institution that is defined as a union between a man and a
woman. They believe that changing the definition of marriage to include same-sex
couples would undermine traditional family values and the institution of marriage.
They argue that the primary purpose of marriage is to procreate and raise children,
and that same-sex couples cannot fulfil this purpose, thus making their union
fundamentally different from that of opposite-sex couples.
They argue that children need both a mother and a father to have a well-rounded
upbringing and that same-sex couples cannot provide this.
legalizing it would lead to a breakdown of social norms as it would pave the way for
other forms of unconventional relationships and would ultimately threaten the
country’s cultural and religious traditions
