SAME SEX MARRIAGES IN INDIA
My Orthodox Bharat still considers LGBTQ+ community only as ‘individuals’ and not as ‘couples’. One of the major reasons that homosexuality is still not accepted as ‘normal’ in India is because it lacks recognition in the form of ‘marriage’. Marriage is a considered to be sacred ceremony in India. Divesting the LGBTQ+ community of the right to get married is absolutely unfair and against “The Constitution of India ”.
The Hon’ble Supreme Court of India in Navtej Singh Johar v. Union of India legalized homosexuality in the country. However, certain questions incidental to the homosexual relationships remains unanswered by both the Apex Court and the Government. One such question is ‘same-sex marriages’. India does not acknowledge same-sex marriages. None of the marital laws expressly acknowledges same-sex marriages.
Many countries have decriminalized same-sex marriages. The world is heading towards developing LGBTQ+ rights, but the government of India doesn’t seem to be in the mood of leaving the clutches of belief and tradition, despite the 2018 verdict. The Solicitor General representing the Union Government stated that “Our (Indian) legal system, society, and values do not recognize same-sex marriages.” He further provides that “the 2018 judgment merely decriminalizes homosexuality or lesbianism, nothing more nothing less.”
The Uniform Civil Code (UCC) is a proposed bill in India, which which apply on all citizens equally regardless of their religion in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, to apply directive principles and common law for all Indian citizens while formulating national policies.
The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and coordinate diverse cultural groups across the country. According to Dr. B R Ambedkar, UCC was desirable but for that moment he let it remained voluntary.
It’s incorporation in the Constitution as an aspect will be legit when the nation is ready to accept it and then the social acceptance to the UCC could be made.
Under the proposed code, marriage is defined as
“the legal union as prescribed under this Act of a man with a woman, a man with another man, a woman with another woman, a transgender with another transgender or a transgender with a man or a woman”.
The UCC aims to provide protection to unsafe sections as predicted by Ambedkar including women and religious minorities, while also promoting nationalistic zeal through unity. UCC framework is to simplify segregated religious laws like the Hindu code bill, Shariat law, and others.
BJP’s manifesto for 1998 and 2019 elections, UCC had its importance. As per reports emerged in 2020, the bill is being contemplated in BJP due to differences with RSS.
The debate over same-sex marriages is of morality than of law. A line of distinction has been established between the ‘societal norms’ and ‘individual liberty’ especially in the culture where religion enjoys more importance.
Human Rights Charter [Article 16] acknowledges the ‘right to marry’ as a universal right. Seeking this right to LGBTQ+ couples as well is neither too complicated nor unjust. Not allowing the LGBTQ+ community as per their own choice is just like saying ‘We think you are going through a mental disorder and we don’t think your love is not actual love’.
References :
https://www.livelaw.in/the-impact-of-section-377-judgment-on-heterosexual-relations/
https://socialist-today.com/india/solicitor-general-tushar-mehta-refuses-to-file-an--1178
https://en.wikipedia.org/wiki/Recognition_of_same-sex_unions_in_India