Is Same-Sex Marriage Legal in India? Everything You Need to Know

 

    Same-Sex Marriage Rights in India: A Complete Analysis

    The topic of homosexuality has been trending on Twitter under #SameSexMarriage, highlighting its controversial nature around the world, especially in India. While India legalized same-sex relationships in 2018, same-sex marriage is not yet recognized. As one of the world's largest democracies, India boasts a rich tapestry of cultures, with a vast number of morals, rituals, and laws passed down through generations. However, some of these inherited traditions, from both boomers and Gen Z/Alpha, can contribute to social prejudice. This article will explore homophobia in India, a prevalent issue stemming from this complex cultural landscape.

 

           

Homosexuality:

Homosexuality, simply put, is being gay (men attracted to men) or lesbian (women attracted to women). It's a natural form of attraction that has existed for millennia. Evidence includes historical accounts of same-sex relationships among royalty and even depictions in Indian temple carvings. Just like heterosexual attraction, homosexuality is likely influenced by a combination of biological and environmental factors. It's important to understand that sexual orientation is not a choice.

The LGBTQ+ community promotes the idea of "Love is Love." This powerful statement emphasizes that love transcends gender and is based on a person's character and values. True love comes from the heart and mind, not just physical attraction. If societal focus shifted towards valuing personalities in marriage choices, it could potentially challenge existing patriarchal norms.

In India, arranged marriages are still more common than love marriages. This can sometimes lead to situations where individuals are married to people they barely know, who may turn out to be abusive or addicted. Marital rape, a horrific reality in India, remains legal, while same-sex marriage, a relationship built on love and commitment, is not.  The reasoning behind these contrasting legal stances seems contradictory and highlights the need for a more progressive approach to personal rights and relationships.

 

Marriage Laws in India:

           India has several marriage laws, including the Prohibition of Child Marriage Act which sets the minimum marriage age at 18 for women and 21 for men. While Indian law allows citizens to choose their spouse, arranged marriages remain a common practice.  These laws are often religion-specific, like the Hindu Marriage Act or the Muslim Marriage Act.  These acts ensure that religious weddings are officially registered with the government.  However, there's also the Special Marriage Act which provides a secular option for civil marriages.  Registration simplifies legal processes for married couples, but it doesn't necessarily determine the legality of the marriage itself.

The key point here is that the current marriage laws in India don't explicitly prohibit same-sex marriage. The absence of a legal definition for "marriage" and the focus on religious ceremonies create a loophole that same-sex marriage advocates are trying to address.

            There is absolutely no direct mention of the opposite sex being required for marriage in the Indian Constitution. It only mentions that marriages need official registration, there shall be no racial discrimination, and that both spouses shall have equal rights.

The fact that homosexuality is still not fully normalized in India is a cause for concern.

Laws criminalizing homosexuality caused many to suffer, leading to depression, anxiety, and forced secrecy. Focusing on ensuring a person's health and well-being would be a better approach than criminalizing same-sex relationships.

Conclusion:

            While many Western and Asian nations have legalized same-sex marriage, India lags behind despite its rich diversity and young population, which is often a driving force for change. As long as the government doesn't make things easier for its citizens, progress will be stalled. Let's treat people with kindness – it can pave the way for a more just and humane society.  Love is Love.

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Author: Raihan Hassan(Instagram) 

(Image credits:Google)