Recently, 18 LGBTQ+ couples came forward and filed a lawsuit seeking the declaration that the Special Marriage Act should be applied to them, irrespective of their gender identity or sexual orientation. As the Supreme Court of India begins hearings on petitions seeking legal recognition of same-sex marriage, advocates for the LGBTQ community argue that denying marriage rights to same-sex couples is a violation of their fundamental rights. The recent ruling in Taiwan that legalized same-sex marriage has given hope to many in South Asia who have long been fighting for equality.
DECRIMINALIZATION OF SECTION 377
The country’s history has been complicated, with laws that outlaw same-sex marriage and gay rights. One of the most significant cases in this regard is Navtej Singh Johar v. Union of India. This case challenged Section 377 of the Indian Penal Code which criminalized homosexuality. In 2018, the Supreme Court declared Section 377 unconstitutional, thereby decriminalizing homosexuality. This means that even though individuals are free to engage in consensual same-sex relationships, they are not allowed to marry. This judgement was a huge victory for the LGBTQ+ community in India and paved the way for further progress towards equal rights. Following this landmark judgment, several petitions were filed seeking the legalization of same-sex marriage in India.
ARGUMENTS ON THE LEGALIZATION OF SAME-SEX MARRIAGE
The legalisation of same-sex marriage in India is a highly contested issue, with many arguing that the current Marriage Act does not recognise same-sex couples. However, the ongoing case law in India has paved the way for the legalization of same-sex marriage, with several LGBTQ+ couples arguing that they have been discriminated against due to their sexual orientation. The case, which is being heard by the Supreme Court of India, is being fought by lawyers representing 18 LGBTQ+ couples and their families who are seeking legal recognition for their relationships. This will prevent same-sex couples from being denied the same legal rights as straight-married couples and heterosexual parents. The arguments put forth by these lawyers have echoed similar arguments made in other countries where same-sex marriage has been legalized.
Arundhati Katju, one of the lawyers representing LGBTQ+ couples, has argued that denying them the same rights as straight married couples goes against societal values and ritual practices. In a strongly worded affidavit, she opposes the government’s decision to reject pleas from same-sex partners seeking legal recognition of their unions. The move towards legalisation was met with opposition from those who opposed same-sex marriage. Despite this opposition, the Indian Supreme Court has taken note of these petitions and is currently hearing arguments from both sides. Senior advocate Abhishek Manu Singhvi is representing one of the petitioners, Kavita Arora. She married her partner in 2016 but their marriage was not recognised by law as they are a same-sex couple. The couple Kavita Arora and Ankita Khanna are among those fighting for equal rights for all citizens regardless of their gender identity or sexual orientation.
The Indian Constitution recognizes the right to equality, but this right has not yet been extended to the LGBTQ+ community. Same-sex couples are not allowed to adopt children, and they are not entitled to the same legal protections and benefits as opposite-sex couples, such as inheritance rights and joint property ownership. Those who oppose same-sex marriage often do so on the grounds that it goes against traditional values and religious beliefs. The argument for legalizing same-sex marriage is based on the idea that all individuals have the right to love and commit to whoever they choose, regardless of their gender.
CONCLUSION
In conclusion, the ongoing case regarding same-sex marriage in India is an important step towards recognizing the rights of LGBTQ+ individuals. Denying same-sex couples the right to marry is a form of discrimination and violates their fundamental rights. Legalizing same-sex marriage would not only provide same-sex couples with legal protections and benefits but also have a positive impact on their mental health and well-being.
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