Author: Kajal Kamari, Netaji Subhash University, N.S.U, Jamshedpur
Introduction
Marriage is not a sacred phenomenon, it is a social construct. The key purpose behind creating this institution of marriage is:
Firstly, for sexual gratification, and we cannot run away from the fact that it’s a fundamental physiological need.
Secondly, for the procreation of children for perpetual succession in the society to run smoothly. There are different religions and different customs relating to marriage but the core fundamentals are the same. Marriage is a union between a man and a woman. One of the earliest depictions of this union can be found in a Hindu mythology. Shiv and Shakti and their union is known as ardhnarishwar.
Why they need this right
To address this question let’s see what Advocate Menaka Guruswamy said while arguing for LGBTQ community that marriage is not only about the question of dignity it’s a bundle of rights that LGBT people are denied those rights for example bank account, insurance, rental accommodation. There are two facets of this right one is constitutional and other is day to day business of life. But I humbly disagree with her argument because the purpose of marriage is entirely different and my question is how they are managing their life till now and if they are facing problems in loan, insurance, rental accommodation this should be the issue not marriage. And when constitution and equality, the constitution doesn’t talk about complete equality, nature made us differently and complete equality is a myth. Even our constitution too have recognised this fact that absolutely equality is not at all practical to envision.
Problems regarding same sex marriage
The legalisation of same sex marriage will cause more problem rather than solution, in same same sex marriage who will be husband, who will be the wife there will be problem regarding maintenance ,succession , and other issues to give them right to marry we need to change much, and it’s not practicaland also unnecessary,there are more questions than answers. I do believe that everyone needs a companion but marriage is a civil union between two opposites for procreation and social perpetuity. There is supreme court verdict in Suresh Kumar kaushal vs naz foundation article 377 was decriminalized and consensual sexual intercourse between same sex was not a crime so they can have intercourse can stay together with dignity but marriage is a different ball game all together , in Hindu law marriage is a sacrament. Marriage is a socio- religious issue. So legalizing same sex marriage in India will be a blunder it will open pandora box.
Conclusion
So the concept of same sex marriage is flawed according to me. The correct understanding of institution of marriage will make it clear that same sex marriage is not at all appropriate . Basically marriage is a social construct for perpetuation of society. So this is only possible when marriage will take place between opposite gender. Same sex couples can stay together, can have intercourse they can enjoy companionship but their relationship cannot be recognised as marriage because marriage has religious beliefs attached to it and every civil union cannot be as pious as marriage. There is right under article 21 which talks about life and personal liberty and life include dignified life and it is said that not giving the right to marry to same sex violate this right but I strongly disagree marriage doesn’t ensure dignified life , so supreme court is right in saying that right to marry is not a fundamental right and not granting same sex right to marriage neither violates article 14 not it violates article 21 , no fundamental rights is getting violate so I conclude that supreme court is correct on denying right to marriage to same sex couples.
FAQS
1. Is same-sex marriage legal in India?
No, the Supreme Court of India in Supriyo v. Union of India (2023) declined to legalize same-sex marriage, stating that it is a matter for Parliament to decide.
2. Can same-sex couples adopt children in India?
No, while single LGBTQ+ individuals can adopt, joint adoption by same-sex couples is not permitted under Indian law.
3. Does Indian law recognize same-sex civil unions or partnerships?
No, India does not recognize same-sex civil unions or domestic partnerships.
4. Do same-sex couples have inheritance rights in India?
No, inheritance laws do not automatically recognize same-sex partners as legal heirs unless explicitly mentioned in a will.
Reference
1. Newspapers
2. Books
3. https://www.britannica.com/topic/marriage
