Marriage gay and living relationship
Introduction:
The institution of marriage has a special significance in Hinduism because it is one of the most important sacraments; it is a legal and socially recognized form of relationship between couples; in shastra, the wife is the source of dharam, artha, and kama, as well as the source of moksha. Marriage is a Hindu religious sacrament in which a man and a woman are bound in a permanent relationship for the rest of their lives.
Who is gay:
It is important to understand that there is various groups within the Gay community. The term “Gay” is not all inclusive even though it is the historically been used to refer to diverse groups of people who are attracted to or in relationship within people of same gender.
•As pr section 377 of indian penal code 1860, 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 10 years, and shall also be liable to fine.
Related case laws :
Naz foundation vs. Govt of nct delhi
This is the first case wherein sec 377 of indian penal code 1860 was held unconstitutional as it discriminated against the LGBTQ community.
In the case of nautei singh jahar vs. Union of India
The supreme court overturned it’s earlier ruling in the Suresh kaushal case and ruled that section 377 of IPC was unconstitutional because it violated Article 14,15,19 and articles 21 of Indian constitution . Now the punjab and haryana high court ruled that same-sex couples are entitled to live-in relationships and protection of their lives and liberty as intended under article 21 of the constitution of india, in july 2020. After observing the decisions of the courts above we can say even those belonging to the samesex, have the right to live together even outside wedlock and that a live-in relationship is now recognized by the legislature too.
Live -in relationship:
Living together without getting married is known as a live-in relationship. One of the main tenets of this type of relationship is that the intended partners should evaluate their compatibility before making a commitment like getting married. live-in relationship between consenting adults is not considered illegal under the indian law. , in the case of”lata singh v. State of up,” it was held that a live-in relationship between two consenting adults of opposite sex, though perceived as immoral, does not amount to any offence under the law. I in another important case “khushboo vs kanimbla and another,” the supreme court observed “though the concept of live-in relationship is considered immoral by the society, but is definitely not illegal in the eyes of the law. Living together is a right to life and therefore it cannot be held illegal.
•Legitimacy of children born out of live-in relationship:
In balasubramanyam v. Suruttayan
the supreme court had said, “if a man and woman are living under the same roof and cohabiting for some years,there will be a presumption under section 114 of the evidence act that they live as husband and wife and the children born to them will not be illegitimate further, the court interpreted the status and legislation to an extent that it shows conformity from article 39(f) of the constitution of india which sets out the obligation of the state to give the children adequate opportunity so that they develop in proper manner and further safeguard their interest. This was the first time in which sc gave its verdict upon the legitimacy of children born out of live-in relationships.
In bharatha matha vs. R. Viiava reneanathan
In this case court held that if man & woman are in live-in relationship under the same roof and cohabitating for number of years.
Under section 114 of the evidence act that they can presume as husband wife and children born to them will be legitimate.
Conclusion:
After having all above discussion it’s been crystal clear that marriage between two same sex people is still not legalise.and the recent judgement has been came in the case of Supriyo vs.Union of India sc observed that same sex marriage can’t be recognised and it would not registered Under the special marriage act .
Author:- Vandana kumari, a Student of Gautam Buddha University Greater Noida
