This article is written by Bhagya Biju, who is a 3rd year student of five year integrated BBA-LLB (Hons). at Co-operative School of Law, Thodupuzha.
“Homosexuals are not made, they are born” – Abhijit Naskar
INTRODUCTION
Same-sex marriage also known as gay marriage, means the practice of marriage between two men and between two women.
The same sex marriage has sparked both emotional and political confrontation between supporters and opponents of for years.
SAME SEX MARRIAGE
Sex is a biological term that distinguishes between two biologically different human beings male and female. If we talk about same sex marriage, it means sacred union of two people belonging to the same sex. This type of marriage gives hope to others in the future.
Especially for the LGBTQ community. They have already experienced a lot of discrimination. They are entitled to marry whomever they wish, regardless of gender.
In India, the judicial system legalized LGBTQ+ rights on 6 September 2018.
IMPORTANCE OF SAME -SEX MARRIAGE AND WHY SHOULD IT BE LEGALIZED?
As the world is progressing , we all must understand that each one of us is a human being and we must learn to respect each other.
In this progressing world , more people with same sex preference are coming up it has become more important to accept and legalize same sex marriage because of the following reasons:
- It gives people the opportunity to be themselves and enjoy their own personality.
- Teach people that it is better for people to spend their lives with someone they love not with the person whom they don’t even like.
- Give people with homosexuality hope of a happy life.
RELATED CASE LAWS
Arun Kumar vs. Registration 22 April, 2019 Writ Jurisdiction (Civil) Writ Petition no: 4125 of 2019 and 3220 of 2019;
The Madras High Court held that the term ‘bride’ in the Hindu Marriage Act, 1955 (HMA) will include trans women and intersex person who identified themselves as women, thus giving legitimacy to a marriage between a trans woman and a male person who profess the Hindu religion.
Chinmayee Jena Vs State of Odisha and Ors Orissa HC, Cuttack Bench 24/08/2020 Writ Petition (Criminal) No. 57 of 2020 ;
The Madras High Court allowed a man and his partner to stay as a live -in couple, thereby protecting their right to a sexual preference.
In Kavita Arora and Ankita Khanna
The 47-year-old kavita is a psychiatrist. Ankita, 36, is a psychologist, who have been living together for 8 years are leading the legal battle for same-sex marriage in India. In October 2020, they approached the Delhi court for their constitutional right to marry.
They, along with two Other LGBTQ+ couples who have also petitioned the court, argue that without official recognition they’re strangers in law.
“We are not seeing this as an event but as a movement,” said Arora. “And movement can’t be quantified by times”.
CONCLUSION
Same sex marriage refers to the marriage of the same sex which is similar to that of marriage between a man and a woman in the terms of rituals and proceedings.
In conclusion, same-sex marriage should not be disputed because there is nothing wrong or abnormal with it . Also , everyone deserves to be happy and marry whomever they want.
