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Same Sex Marriage in India : A Taboo

Marrying the person you love, is not less than a blessing of God.

Living your life with the person you admire, makes it more beautiful. Isn't it?

But what if your partner is of the same gender. Is it okay, morally or socially? or not? And if not then why not?

In this article, we will talk about one of the taboo/  not acceptable/ prohibited topics mostly in India. And why is that so?  Let's see.

First of all, we should know the few terms which are as follows:

What does gay or lesbian mean?

GAY or LESBIAN or HOMOSEXUAL

These terms refer to the people who are sexually attracted to people of the same sex and not to people of the opposite sex.  Gay terms is used when it comes to man to man relation or boy to boy relation and word lesbian is used to refer women to women relation. They are also called as homosexuals.

Same-sex Marriage

Around 30 out of 185 countries have legalized same-sex marriage around the globe, according to the Pew Research Center. The Netherlands became the first in the world to legalize same-sex marriage in 2000. Other countries like Spain, Canada, South Africa, Sweden, Brazil, France, the USA, Colombia, Australia, and so on have also allowed same-sex marriage. But it is still prohibited in many countries mostly Islamic countries, India, China, Russia, and so on. These countries accepted love in any gender and believe it as a step towards becoming a better country. But not all.

Same-sex Marriage Issue in India

Same-sex marriage is not legal in India. Here, it is considered an unnatural act against natural laws. But on the other side, it is a matter of fun and criticism for people.

Problems faced by gay people

Gay people are criticized and made fun of everywhere they go from college to work. That's the real reason many of them hide their true self and live the life of a person they are not. No one supports them not even the family. There have been many cases in India where parents leave their kids when they found out their sexual orientation as gay or lesbian. For them, it is a matter of shame in society that their children are not straight. 

Homosexual couples face troubles both socially and legally, they cannot file a divorce, maintenance, allowances, succession, pensions, etc. They cannot register complaints if they are sexually harassed. There is no such provision for gay people abuse in our laws. They even have trouble in taking advantage of government policies from housing to gratuity funds and pensions. These all affect their mental health the most which is also a reason for the growing rate of suicides of homosexual people in India.

They are abandoned from their right to equality, right against discrimination, right to freedom of speech and expression, and right to privacy of the constitution. 

Various Personal Law in India

Hindu Personal Law

Hindu Marriage Act  was  enacted  by  Parliament  in  1955  to  amend  and  to  codify marriage law between Hindus. 

This act state that marriage can happen between Hindu. But this act does not express the prohibition of same-sex marriage. Though it used the word heteronormative in nature which makes it less flexible towards same-sex marriage. But there are possibilities of modification. 

Muslim Personal Law

Homosexual acts  are  forbidden  in  traditional  Islamic  Jurisprudence  and  are  liable  to different   punishments,   including   death   penalty.   

Same-sex marriage is prohibited in Islamic culture and is equal to a crime in Islam. 

Christian Personal Law

Christian Personal Law does not show any type of prohibition of same-sex marriage. 

Section 377 of the Indian Penal Code

Section   377   of   Indian   Penal   Code   which   was   introduced   in   India   during   the British   rule, states   that  “Whoever   voluntarily   has   carnal   intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.“ 

It states that any person who indulges in any form of unnatural sexual act/carnal intercourse against the order of nature will be punished for imprisonment for life. It remained unchanged till 2009 when Delhi Court decided that the law was unconstitutional and affect the right of freedom enshrined in the constitution of India. This law gave a feeling of joy and relief among millions of gay people who were treated not less than criminals in society.  

Conclusion

Being on the path of a developing country, India still has to do a lot of work in the development of every community people living in India from Hindu to Muslims and from straight to gay people. Since there is no law that protects the right of gay people in India which makes them vulnerable to various types of crimes and abuse in society. Our society has not accepted this concept. And it will take time and proper enforcement of the law or act in the favor of people who wants to marry in same-sex. 

It is a long path obviously for this change in the culture no doubt on that. But loving someone is not a crime neither socially nor morally instead where the person is of the same sex or opposite sex. People should try to see a homosexual couple's relationship through the eyes of humanity and equality, not on the basis of criticism. And it is a personal choice of an individual to decide their sexual relationship with another person whether they are straight or gay it doesn't matter. And one's privacy must be respected. 

Spread love not hatred. Everyone deserves to be loved. 

Author- Shivani

 

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