"The willingness to take responsibilities for somebody other than yourself is at
the root of every successful marriage."- L. Ron Hubbard
Marriage is a relationship between people that have made the foundation of the
family for many societies. Marriage include legal, social, and religious
components. In Western societies, marriage has historically been understood as a
social contract between a man (husband) and a woman (wife). In some western
societies nowadays, same-sex marriages or civil partnerships are lawfully
recognized however remain a highly disputed issue in most.
Marriage remains necessary as the socially sanctioned bond in a sexual
relationship. Marriage is generally a male-female relationship made to produce
children and successfully educate them.
Since the latter decades of the twentieth century, several ancient assumptions
regarding the nature and purpose of marriage and family are challenged,
especially by gay rights advocacy groups, who disagree with the notion that
marriage should be solely heterosexual. Some individuals also argue that
marriage is also unnecessary legal fiction.
In the modern world, the term wedding is mostly reserved for a union that's
formally recognized by the state (although some individuals disagree). The
phrase lawfully married is used to emphasize this point. Several localities do
support varied kinds of domestic partnerships.
Since the twelfth century, marriage or holy matrimony has been a sacrament,
wherever it's defined as a relationship between a man and a woman. Marriage of
some kind is found in most societies, and usually married individuals form a
nuclear house, that is commonly later extended biologically, through children.
Instead, people might prefer to be "childfree". Finally, they will be childless
due to sterility, and probably obtain treatment or think about adoption. The
term wedlock is a synonym for marriage and is mainly used in the phrase "out of
wedlock" to explain a child born of parents who weren't married (illegitimacy).
In some societies, there's a growing discussion regarding the form(s) that
marriage should take. Two of the most hotly-debated variants are mentioned
below: same-sex marriage and, polygamy.
Same-sex unions are recorded in the history of a variety of cultures, however,
marriages or socially-accepted unions between same-sex partners were rare or
non-existent in different cultures. Same-sex marriage remains rare worldwide,
particularly as it isn't offered in most countries. As tolerance of
homosexuality has become more widespread in Western cultures, some governments
have the chance that same-sex couples, also as opposite-sex couples, might
interact in marriage.
Objectives of the Study:
Objectives of the study is to study and apprehend the rights, duties and
responsibilities of women and men in marriage. In this study, the main focus is
made on whether rights and responsibilities is based on gender in marriage. This
study also finds the situation of LGBT+ group in marriage. It includes the LGBT+
laws around the world. This study provides the rights and obligations of LGBT+
group in marriage. The study concludes with basic recommendations to promote
gender equality in marriage.
There has been many debates and discussions on gender equality and gender
discrimination. Many groups and communities have made debates and had unclear
conclusions regarding inequality and gender based discrimination. There has been
a large development of LGBT+ rights and responsibilities.
This study tries to
understand the concept and to find the clear view of the gender equality and how
the government achieves to clear the inequalities and discrimination, if
existed. This study focuses about gender equality in terms of marriage and puts
up how the government has taken the steps to prevent gender inequality and
discrimination in marriage. This study includes the laws and regulations which
regulate LGBT+ marriages and the condition of LGBT+ groups in marriage.
- Does marriage expects same from both men and women.
- What differences do men and women have in rights and responsibilities?
- What laws LGBT+ group have to promote same-sex marriages?
- Can law achieve gender equality in marriage?
The subject matter of my research is, "Gender Inequality in terms of Marriage"
There are many concepts or doctrines in this challenge. And additionally this
venture contains maximum of the issues related to this subject matter. This
undertaking is really primarily based on studies methodology.
The source materials are secondary. I even have used secondary assets like
books, articles, and journals, and Internet-based research.
Women and men usually experience different rights and responsibilities in
marriage, in spite of widespread beliefs in marital equality. Gender-based
patterns of inequalities in the wedding have existed traditionally, although
they have declined somewhat in recent decades, and they persist in other parts
of the world, as well.
For various reasons, which will be outlined below, there
are systematic gender variations in the quantity and kind of domestic labour and
family care performed by spouses, in power and authority in marital decision
making, in access to and control over family resources, and the probability of
experiencing severe injury as a result of spousal violence. Gender-based
inequalities continue after divorce, characterizing property settlements and
custody arrangements also because of the relative economic circumstances of
"A 'perfect marriage' is just two imperfect people who refuse to give up on each
Marriage may be a lawfully sanctioned contract between a man and a woman.
Getting in a marriage contract changes the status of each party, giving husband
and wife new rights and obligations. The condition, relationship, or status that
results from a contract by that one man and one woman, who have the capability
to enter into such an agreement, mutually promise to live together in the
relationship of Husband and Wife in law for all times, or till the legal
termination of the relationship.
Whatever may be the rituals associated with a wedding, it remains an alliance.
This alliance is for a lifetime or it's going to be short-lived. However, in all
situations, there are some alliance, some understanding, and a few sharing
between those that offer their daughter or receive a bride. Marriage, therefore,
is an exchange of male and female, it's an alliance, a contract. Marriage isn't
a private affair. It's not simply an establishment for the fulfilment of
biological wants. It's a social alliance par excellence. No matter could also be
the sort of society, it's some integral mechanism for providing legitimacy to
However, the functions that wedding establishment performs have completely
different priorities in numerous societies. A sacrament in India, in line with
ancient Hindu Law, a wedding may be a sacrament and not a civil contract. It's a
'sanskara' or purificatory ceremony obligatory for every Hindu. It's a
sacrament, an indestructible and secret union.
Gender is the state of being male or female in respect to the social and
cultural roles that are thought of applicable for men and women. It's illegal to
discriminate on the grounds of race, gender or sexual orientation. One amongst a
spread of identities that has female, male, a mixture of each, and neither.
Women are typically denied opportunities solely due to their gender.
immigrants based and settled in the New World, they brought their established
gender roles with them. European settlers further to those original gender roles
after they began farming and putting in each family units and cities. At this
point, the wife was considered the caregiver and also the husband was relied on
to support his family.
Transgender is generally defined for people whose gender
identification, gender expression or conduct doesn't adapt to their organic sex.
Transgender may take in men and women who don't now perceive with their
intercourse assigned at the start, that include hijras/eunuchs who, on this writ
petition, describe themselves as "Third gender" which they do not identify as
either male or lady.
"Marriage is when a man loses his bachelor degree and woman gets her master
Traditionally, the married woman works a part-time or full-time job till she has
children; at that time, she leaves behind her job or career to remain at home
and lift her kids. In most marriages, most family responsibilities fall on the
wife's shoulders, including cooking and cleaning. However, many women dislike
this side of their wedding and feel angry concerning taking up all of the
The task of a married woman is to maintain to keep up and take care of a
husband. It's not a simple undertaking. Those women, who are unaware of this
feature of their role, might realize issue in fulfilling the task. It's a job
for the woman who is aware that the duty requires a degree of sagacity, style,
She ought to additionally give adequate measures to take care of his health and
well-being. The results of her efforts are directed towards creating the man
into a sort and respected husband who would be a proper guardian for his family,
and a decent father from whom the children would seek guidance and respect.
A woman will turn the house into a lofty paradise or a burning hell. She will
lead her husband to the height of success or the dregs of misfortune. The woman
with the qualities bestowed on her, who is conscious of her role as a spouse,
will elevate her husband to a respected man even though he had been the bottom
of all men.
Most instances of divorce are because of the incompatible nature of man and
wife. The statistics on divorce conclusively indicate that the compatible
perspective, ethical values and disposition was non-existent within the couples.
The most supply of family rows and discord is due to the incompatible character
of the couple's moral principles and values.
It is largely the ignorant and inconsiderate women who succumb to extravagance
and rivalry. These women force their husbands to be under debt and that they
become exhausted and tired of in attempting to satisfy the unsuitable demands of
their wives. Sometimes, the sole resolution to those issues for the men is to go
for divorce or maybe commit suicide.
The women who haven't perceived truth purpose and that means of wedding and
instead they regard it in terms of bondage wherever the husband is non
inheritable to fulfil their immature wishes and material wants. They require a
husband who can serve them as a slave and cannot object to their manner of
spending. These women typically even go additional. They create their husbands
spend more than their means that which can entail bankruptcy, murder, and other
The burdens of life weigh heavily upon the shoulders of men since they're to
blame for maintaining and supporting their families. In fulfilling this
responsibility, the person of the home should confront several issues and
obstacles outside of the house. Women sometimes like their men to be near and
like them to be home once it becomes dark. Women need their husbands to possess
an honest job with high pay. They wish to have enough time to go out in the
evenings. However sadly, the jobs of most men don't live up to their wives'
expectations, and this, for a few families, maybe a source of rows and
The best perspective is that both man and woman hand over arguing and try to be
logical. Men have a larger responsibility during this matter, and actually, the
key to the answer is in their hands. Men can, through patience and forgiveness,
save themselves from the hassle and additionally facilitate eliminate the part
of suspicion in their wives.
But men additionally expect their wives to economize and to not spend their cash
extravagantly. The ladies are expected to classify the requirements and pay on
priorities like food, clothes, and medication, rent, electricity, telephone, gas
and water bills. Putting such things as a luxury product on the list of one's
priorities is considered squandering and wasteful. Men don't like their wives to
misuse their cash in shopping for the needless product or lavishly spending.
If the woman spends the cash on her garments and adornment, or if she spends on
unnecessary things and that they would get to borrow so as to live, or if the
family, like an infidel enemy, plunders his wealth, then the man can become
discouraged. He would lose interest in operating and supporting his family. He
would suppose it illogical to figure and support those that don't appreciate his
efforts. He could even go wide and follow a corrupt path. It might shatter the
foundations of the family.
The best job for married women is to take care of the house. Housekeeping,
childcare, etc., are the simplest and the best jobs that women can do. A
talented and hardworking housewife will turn her house into a heavenly place for
her children and husband, and this is a valuable and worthy job.
They can interact in drawing, painting, tailoring, knitting, sewing, and then
forth. As a result, they will facilitate their families economically also as
contributory to their society by creating their achievements available to the
general public. Operating prevents the event of many mental disorders.
While some women work at home, there are others preferring an outdoor job. This
preference is also either for economical or different reasons. In this case, the
simplest jobs are cultural occupations or nursing. Nurseries, primary and high
schools are suitable places for women to train and teach female students.
Hospitals also are appropriate places wherever women will serve as nurses and
doctors. Such jobs are agreeable to female nature.
One of the necessary duties of women is caring for their children. This is often
not a simple task however one that is extremely sensitive and very important.
It's the foremost sacred and most precious responsibility that has been given
upon women by the order of creation.
Although a man and a woman get married for many reasons like sexual motive,
love, etc., having a child isn't one among the most reasons for a wedding.
However, it's shortly before truth motive of natural creation becomes apparent
itself and therefore the love for having a child grows in their hearts. The
existence of a child is the fruit of the marital tree and a natural need of men
Marriage is typically initially based on the premise of lust, sexual love and
instant sexual interests. Such a foundation is fake and not lasting and is
usually at risk of destruction. The issue with that this foundation becomes
sturdy has a child.
This is particularly the case for women as a result of they're very sensitive
and would react a lot of critically towards unpleasant events as compared to
men. Women, who experience hardship, want to appease. Men should comfort them as
a result of their partners and therefore the ones who are trusted by their
"A sure sign of man's strength is how gently he loves his wife."
In a wedding, and in a family, the man's ancient role is to supply for the
family, earning cash by working a regular job. Men are expected to supply
data and guidance regarding sports, careers and money matters. Sadly, this role
of implicit power has given men the assumed personality traits of being
aggressive and dominant, as well.
Man and woman are the basic pillars of a family, however, men are endowed with
power of logic stronger than women's, and they're considered the guardians of
The men are considered the guardians of their families and states. Therefore,
men have a bigger and tougher responsibility for supporting their
families. It's the man who can, through his knowledge, support his family and
prepare the grounds for their happiness and it's he who will turn the house into
a paradise and his wife to act like an angel.
Man is that the guardian of his family and every guardian has responsibilities
towards those under his guardianship. A man, who is supporting his family, ought
to understand that a woman is also a human being like a man. She also
has needs and the rights of freedom and life.
Marrying a woman isn't hiring a servant, however, it's a selection of a partner
and a friend who would be ready to support for the rest of one's life. Man needs
to look after her and her needs. Man isn't the owner of his wife and actually, a
woman has bound rights upon her husband. And women have rights just like the
rights of men in a simple manner, and also the men have a degree (of advantage)
But a husband should find out how to treat his wife in an exceedingly way that
she turns into an angel-like character. Therefore, definitely one will claim
that the key of a successful man in a happy married life is his expression of
affection towards his spouse.
Now that she has entered into a wedding agreement with you and currently that
she has chosen to live with you for the rest of her life, she expects you to
fulfil her needs for love and affection. She expects you to show more love to
her than she received from her parents and friends. She has trusted you
extremely which is why she has entrusted you with her existence.
Of course, we are not saying that men don't have the right to inform their wives
what to try and do and what to not do. Women shouldn't show stubbornness towards
their husbands' suggestions relating to family affairs. However, men ought to
keep their logic and knowledge. They're their families' guardians and as such,
they must act properly.
If a man desires to successfully participate in the affairs of the house then he
ought to do therefore in a calculated manner.
As a matter of truth, since a man doesn't have enough time to participate in all
the matters relating to his house and since he lacks the required experience in
this connection, then it's to his advantage to leave the housework to his wife.
A man ought to leave his wife at liberty with respect to running the house.
Men can, however, under the pretext of consultation, not forcefully, prompt
their wives regarding certain points. Once a wise woman finds out her husband's
needs regarding any matter, she would try and adjust to them. Therefore, a man
and a woman who take care of one another and their family, can through talking
together in a kind manner, reach several agreements on all matters.
But if his participation takes the shape of finding out fault and constant
moaning, then the housewife gets used to them and consequently, this attitude
becomes a usual affair from that nothing helpful would result.
A woman with a moaning husband wouldn't take him seriously. She might even
ignore his correct and important points of concern. She might feel "Why should I
waste my energy if my husband isn't even happy with my housework?"
This is when their house turns into a fight. Constant criticism of every other
would then prepare the ground for separation and so a family unit breaks down.
During this situation, the woman isn't to be blamed because even a wise and
patient wife would run out of patience as a result of an endlessly humiliating
attitude of her husband.
Men should keep in mind that housekeeping is a section for their wives to
perform their duties. It's wrong to deprive them of their rights or to turn them
into puppets. It's wiser to leave them to run the house the manner they like.
As a result, your wife does her job enthusiastically, you would stay happy and
your house would be a home for a cheerful family.
Through knowledge and logic make her regard her issues as trivial. Strengthen
her character and assist her in overcoming the reason for her annoyance. Be
patient and treat her with your logic. She would definitely realize your help
useful and life can shortly get back to normal for both of you.
On the contrary, your wrong approach would cause a lot of distress for her. You
would also suffer and it would even become a serious row from that, each of you
There is nobody in this world who has all the qualities and free from all the
faults. Some women might not be good cooks or talented hostesses. In brief, most
are imperfect and nobody in this world is considered an ideal being.
Men sometimes, before the wedding, imagine their ideal woman to be innocent of
all faults. They ignore this fact that there's no angel-like figure in our
universe. These men, once married, realize their ideal wives not to be good and
so begin to point out their faults. They could even regard their marriages as
failures and call themselves 'unlucky'.
Some men exaggerate the faults so much that they continuously seem before them
like high mountains. They often mention these faults to their wives and offend
them. They could even mention them before friends and relatives.
As a result, the foundation of their married life starts trembling. The woman
becomes depressed and loses interest in her husband and family. She would assume
it illogical to work in the house of someone who criticizes her. She may even
take retaliatory measures.
Moreover, a man who regards himself as unlucky and his wedding as a failure, and
a woman who is constantly being humiliated, are both at risk of mental disorders
and other sicknesses.
If the magnitude of their row becomes larger then there's always the danger of
divorce and separation. Divorce isn't very useful to either party particularly
if there are children in the family.
This is due to some men are proud to confess their shortcomings. It's rare to
find a man who is totally happy with his second wedding. It's even been seen
that some men come to their first wives.
The reason is that a man, before the wedding, spends years with his parents
where he doesn't have a lot of independence. His parents, who have worked hard
to bring him up, expect him to be useful to them in their old age. Even when
they marry their son off and apparently provide him independence, they expect
him to adapt to their own will and needs. They like their son to pay a lot of
attention to them than to his wife. However, the fact is that once a man starts
a married life, he makes a good deal of effort for his new family, wife, and
He directs his love towards his wife and works hard in this connection.
he steps in this direction, the farther he goes far from his parents. If a man
is simple or naive, he may even be influenced by his mother's defamatory
statements. He would then become a tool in the hands of his family once that he
would lose interest in his wife. Under his parents' influence, the man would
begin to moan and pick up faults with his wife. He would criticize her on any
"A newly married woman swallowed pins at the end of her first week of the
wedding. Once an operation on her to remove the pins from her stomach, she said
in the hospital: 'About a week ago, I was married. The day I entered the house
of my husband, I felt as lucky as other married women. However once only a few
days, my husband and his sister started criticizing me. Their attitude made life
very tough for me. Finally, I decided to kill myself and swallowed a number of
A woman is an emotional being whose emotions are dominant over her logic. She is
more naive and sensitive than a man. She can be deceived more easily and has
less control over her emotional needs. She cannot decide wisely once she is
upset. She can be amused or made upset with little effort. So if the man has
supervision over the behaviour and actions of his wife, most of the doable risks
would be averted.
Housework could seem a simple job to some men, however, it's solely fair to
acknowledge it as a hard and tedious job. A housewife, though she works all day
and night, wouldn't be able to finish all her work. Cooking, cleaning, laundry
the clothes and ironing, washing the dishes and arranging them, making the beds,
and arranging the furniture and especially taking care of children, not one day,
however on a daily basis is incredibly tough.
Some men regard it as a manly act to ignore their wives' work. They assume if
they make compliments to their wives for their work, the women would be spoiled.
They could even believe that a man and wife don't need to thank one another.
The husband and wife always want each other's cooperation and expression of
affection. However, this want becomes more intense at times of ill health and on
other similar occasions. A sick person, just as he wants a doctor and medicine,
needs nursing and loving care. A good nurse would be able to help a patient
recover better and quicker.
A woman also expects her husband to nurse her when she is bed-ridden. She
expects him to care for her more than her parents. A woman who works at home as
a maid deserves such loving care from her husband. She justly expects her
husband to take care of her.
He would be wrong to not maintain his wife and could be prosecuted by law. One
cannot expect a family to live without any expense. All of them want food,
medicine, clothes, and a place to live in.
It is true that earning cash is tough and it affects one's life a good deal,
however, more vital is the manner in which one spends his cash. Therefore, it's
advantageous to a family that the man either takes management of expenditures or
supervises the one who is liable for it. If a man has more earnings he should
make his family more comfortable and supply their essential necessities as much
The signs of wealth should be apparent in one's family and house.
What's the use of working hard and not spending?
It is not at all a manly act that a man shouldn't touch anything around the
house, or orders his wife around. A house is not a command headquarters, however
a place of affection, kindness, and cooperation.
It is not fair that a man should leave his family at home and pursue his
enjoyment elsewhere. Wedding isn't only providing food and clothes for one's
family. a woman is her husband's partner and not a servant. She isn't there to
work all day and get fed in return, however rather she hopes to have a permanent
friend and partner.
The money that they should spend at home for the family, they waste in other
places. Such men have not nonetheless understood the meaning of love and
affection and regard their cheap and filthy enjoyments as a way of good living.
These men are the causes of the unhappiness of themselves and their families.
Their acts drive their wives to seek a divorce from them.
A young newly married woman has the responsibility of running the affairs of her
husband and as such she would need knowledge of cooking, cleaning, ironing,
sewing, arranging the furniture, entertaining her guests, socialising with
others, taking care of her child, etc.
Her husband would expect her to grasp all of this. This is a problem in our
societies. Neither the parents are bothered, nor does the educational system
contain enough programs to fulfil this need. However one should find an answer
to this problem.
Both man and girl have played a part in his creation and should share in all the
difficulties and happiness concerned. Bringing up a child is a duty for both
parents and not only the mother. Though mothers most often take care of their
children and attend to their feeding, cleanliness, etc., the fathers shouldn't
take their efforts granted. It's not correct for a man to assume that taking
care of children is a duty for women only which men have no responsibilities in
this matter. It's not fair that a father should leave his wife with their crying
baby and go to rest in a separate room.
Your wife isn't obliged to look after your child all the time that you are out
of the house or on a trip. In brief, you should assist your wife and share in
looking after the child. In this way, your family life would be strong.
Now a few words to the men:
Firstly, dear sir! You should keep in mind that your wife, even if suspicious of
you, loves you. She is interested in your children and also the family home. She
is scared of the separation. She would definitely suffer from your deplorable
life situation. If she didn't love you, she wouldn't have been jealous.
Do not react harshly to her rudeness or allegations. Don't end up fighting with
her. Don't go to any courts. Don't ignore her. Don't talk about divorce and
separation. None of those acts can cure her illness; in fact, it would become
worse. Your unkindness would function a source of her suspicion.
"Marriage is a human right, not a heterosexual privilege."
Transgender is generally defined for people whose gender identification, gender
expression or conduct doesn't adapt to their organic sex. Transgender may take
in men and women who don't now perceive with their intercourse assigned at the
start, that include hijras/eunuchs who, on this writ petition, describe
themselves as "Third gender" which they do not identify as either male or lady.
Hijras aren't guys by a particular feature of anatomy look and psychologically,
they're in addition, not women, even though they're like women without a lady
duplicate organ and no menstruation.
Since the decriminalization of same-sex relationships in 2018, there has been a
lot of discussion concerning the future of LGBT+ rights in India. This was
natural since the Supreme Court while reading down section 377 of the Indian
penal code had held that LGBT+ Indians would be entitled to equal constitutional
citizenship, thereby hinting at the future expansion of civil rights.
Developments since, however, haven't been promising. The Parliament passed the
Transgender Persons (Protection of Rights) Act, 2019, amidst much resistance
from the community for regardless the lived experiences of transgender persons
in framing the law and for diluting their right to self-identification.
Moreover, while discrimination on grounds of sexual orientation and gender
identity is constitutionally impermissible, restricted to no efforts have been
made to translate these rights into enforceable law.
Some members of the LGBT+ community recently approached the high court of Delhi
in a Public Interest litigation requesting recognition of same-sex marriage
under the Hindu Marriage Act. This wasn't the primary such challenge, with a gay
couple having approached the high court of Kerala for the recognition of their
marriage under the secular Special marriage Act earlier.
Both legislations currently only recognise heterosexual marriages i.e.,
marriages within the male-female binary and thus exclude marriages outside the
binary. In recent times while many High Courts, by recognising the right to
choose a partner, have extended protection to same-sex live-in couples needing
to live with one another, family law frameworks don't recognise such
Last year Madras high court did recognise a marriage between a transwoman and a
man under the Hindu marriage Act arguing that such a wedding would be valid
since the transgender person is identified as a woman. This reasoning, however,
would only be restricted to instances where the couple identifies within the
binary of male and female. Petitioners before the High Courts of Delhi and
Kerala have currently argued that by limiting legal recognition to heterosexual
couples, the Hindu Marriage Act and the Special Marriage Act discriminate
against LGBT+ persons and disregard their fundamental rights.
There is a strong case to be made for such an argument since the Supreme Court
in its pronouncements on transgender rights and decriminalization of same-sex
relationships, has also given affirmative recognition to LGBT+ person's
fundamental rights to equality and dignity.
Various Judgments in Favour of the LGBT Community:
- Naz Foundation v/s Government of Delhi case: in this case, Delhi high court
upholds that section 377 is in violation of fundamental rights of the
constitution like Article 14, 15 or 21, etc. and consensual homosexual sex
between adults has become decriminalized in India.
- Koushal Judgment: In 2013, the Supreme Court criminalizes homosexuality
(Koushal judgment) by reversing the judgment of Delhi HC and upholding the
constitutional validity of section 377.
Why the judgment? The right to sexual orientation was meaningless without the
right to choose a partner. In Hadiya's case, the apex court determined that
neither the State nor one's parents may influence an adult's choice of partner.
That may be a violation of the fundamental right to privacy. The Court also
mentioned that Khap Panchayats or any other assembly to scuttle or prevent two
consenting adults from marrying is a violation of various fundamental rights
like Article 19, 21, etc. Section 377: debate happening
- Arguments in Favour of Section 377
- As homosexuality is against the nature of law, several critics have
mentioned that homosexuality and other sorts of sex can prove to be an
ill-effect for society.
- Scientifically, any sex other than the natural cause of several serious
ills in the individuals. For example, homosexuals are more at risk of
sexually transmitted diseases like AIDS etc. than any normal person.
- Arguments against Section 377
- Consensual Sexual orientation protected under Articles 14, 19 and 21:
consensual sexual relationships between same sexes are protected under
Articles 14, 19 and 21 of the Constitution of India.
- The right to choose one's partner: Right to choose one's partner is
manifest in Article 21. Various experts argue that section 377 that
criminalizes gay sex violates Article 14, 15, 19 and 21 of the Constitution
because there's discrimination on the basis of sex.
- The affection of the life of LGBT people: Same-sex is a traditional variant
and the society has favoured decriminalisation of section 377 as it affects the
lives of LGBT people.
- Violation of Right to Association: Section 377 violates the right to
form an association between sexual minority and the LGBT community is scared of forming
any kind of association fearing action.
- An instrument for Exploitation: several critics feel that section 377 is
just an instrument of exploitation and it's almost impossible to determine
what sort of sex two consenting individuals are having privately.
- Unhappy Marriage: due to the stigma of homosexuality, LGBT individuals certain
to marry the opposite sex which results in unhappy marriages where the
unsuspecting spouse is the one who is affected the foremost.
International Developments for LGBT Community:
In a historic judgment, the Supreme Court of India ruled that
consensual adult gay sex isn't a crime saying sexual orientation is natural and
human beings have no control over it.
Ireland legalized same-sex marriage. The country, that had
decriminalized homosexuality in 1993, became the first country to allow same-sex
marriage at a national level by standard vote.
US Supreme Court ruled that same-sex marriage was legal.
Nepal legalized homosexuality in 2007 and also the new Constitution of
the country too provides several rights to the LGBT community.
- Other Countries:
Other countries like Belgium, Brazil, Canada, France, Iceland, Ireland,
Luxembourg, Norway, Portugal, South Africa, Spain, Sweden, and Uruguay permit
either same-sex marriage or a civil union.
- Nepal, Japan, China, Taiwan, Thailand, and Vietnam have legalized
homosexuality while some of them even protect members of the LGBT community from
- India presently stands with a host of countries like Nigeria, Ghana,
Iran, Saudi Arabia, Afghanistan, Mauritania, Qatar, and Pakistan, that
Recent Rising issues for India: Gap for Policy Implementation the Indian
government has successfully leapt prior to section 377 that had imposed by the
British on the people of India. As section 377 removed, however, there's a large
gap in implementing a policy for the LGBT community and make an improved
atmosphere for them.
Right now, they are facing several problems that are
underline in the below section:
- Issue of Family:
the problem of sexual orientation and gender identity results
in fighting and family disruption. Lack of communication and misunderstanding
between parents and their LGBT children will increase family conflict.
- Issue of Discrimination still prevails in Work Place:
LGBT suffers from the
socio-economic inequalities in large part due to discrimination in the
- Issue of Injustice:
Human rights and fundamental rights are applicable to all person, however,
the state does not create special legislation that protects the rights of LGBT Minority community and to provide real justice to them.
- Issue of Khap Panchayat:
The consent of the family or the community or the
social group isn't necessary once the two adult individuals agree to enter into
marriage while holding that any attempt by Khap Panchayats or any other assembly
to scuttle or stop two consenting adults from marrying is totally "illegal".
Way Ahead: in order to make better-living place for LGBT community, the home
department of the government of India should take initiative and work in
coordination with the State Governments for sensitizing the law enforcement
agencies and by involving all the stakeholders to identify the measures and to
implement the constitutional goal of social justice and the rule of law.
are no laws protecting gays and lesbians from discrimination at the workplace or
laws that permit them to marry their partner of choice. If Sec 377 is abolished,
it opens a window of acceptance and achievement for the LGBT community.
are various niches where we can work more that are enlisted as follows:
- Special laws should be enacted.
- Provide opportunities in social and economic activities.
- Need to take preventive measures in family, public and domestic
- Need to change the social attitude toward LGBT Minority people.
- I need to organize workshops and seminars regarding their rights.
- The state must protect their fundamental rights without any
- The government should take initiatives to support employers in making
the workplace and work culture more supportive and inclusive of LGBT people.
Supreme Court Ruling
- The Supreme Court unanimously decriminalized sexual relationship among
consenting same-sex adults.
- The bench maintained that it's a part of a 158-year-old colonial law
that criminalised it, violated the constitutional right to equality and dignity.
- It unanimously held that the Lesbian, Gay, Bisexual, Transgender, and
Queer (LGBTQ) community possess similar constitutional rights as other citizens of the
- It termed sexual orientation as a "biological phenomenon" and "natural"
and held that any discrimination on this ground was violation of the
- It ruled that it's declared that in so far as Section 377 criminalises
consensual sexual acts of adults privately, is offensive of Articles 14, 15, 19,
and 21 of the Constitution
- It is, however, clarified that such consent should be free consent that
is totally voluntary in nature, and void of any force or coercion.
- The bench also said that homosexuality wasn't a mental disorder, however
a totally natural condition.
- Though the judgement goes a long approach in removing the stigma connected
with the LGTBQ community, there's a need for a multi-pronged approach to deal
with the problem of prejudice and discrimination prevalent in society against
- The LGTBQ community wants an anti-discrimination law that empowers them to
build productive lives and relationships regardless of gender identity or sexual
orientation and place the burden to change on state and society and not the
- Government bodies, particularly associated with Health, and Law and
Order need to be sensitized and made aware of the modified position of law
to ensure that the LGBTQ community isn't denied public services or harassed for their sexual
In the first place, it's not the man who marries the woman however they marry
each other; both are active and the initiative is theirs. It's not the business
of one person's control neither is it only one person playing a vital role. Each
takes a vital part without that marriage won't be there. Hence, the wedding
becomes a relationship in which both feel responsible and have a sense of
possession and security.
They're both responsible. And as a consequence to it, a
woman isn't just shoved on the man's wagon. Together they found a home that
belongs to the two, neither to man nor to his family alone. In this case, a
woman is at home with a backbone to challenge the man in the relationship
without the insecurity of being shown a red card.
Marriage is no longer a limiting factor; neither is it man's act of charity to a
woman who has to pay for it with bondage. It's a union in which the two fulfil
each other mutually for one simple reason: love creates. It's creative. What one
chooses to do or to not do is no longer set by one's position or gender in the
marriage however is freely chosen according to one's ability, commitment and
responsibility to that relationship.
That gives a completely different mentality
even to aspects like who is the head of the family. the head of the family is no
longer like the boss of a company who has a claim for higher remuneration, place
of honour, the one with the voice to command and all others dance; however a
responsible person sensitive to the needs of all others. This implies also
sometimes having to sacrifice oneself for the others. With this understanding of
headship as service in the love relationship, there's no longer a problem as who
should or must be the head.
Besides, even for those to whom a "woman as created from man's rib" is literal
biblical truth, still, there's another way of looking at it. Man and woman are
of the same flesh, therefore, there's a good reason for equality –they share the
same nature. Even should a man be selfish still for the love of his body, from
that he thinks a woman came, would simply be another motivation for respecting
and treating her well? You do not abuse, oppress, discriminate what's so
intimately you or yours.
Why would marriage be a gender issue? Marriage, a beautiful institution of
affection, has been hijacked. Rather than being creative and life-giving, it's
been in several cases restrictive, talent killing. In several traditions, it's
been organized for the glory of a man. The consequence of such deliberate
paternal understanding is the false impression that things have to be like that
and no place for equality between man and woman in marriage.
Is it not the man who marries the girl, pays for her and brings her into his
house; what would be the idea of her claim for equality? Parents need to work
hard to find the cash so as to lure a man for their daughter. And her devotion
to the service of her husband is thus necessary that sometimes she is even
exempted from some religious obligations. What equality can one advance in this
From these ways that of looking at a man, what else is to be expected then if
not a woman's humble service and submission to her husband? This is logically
correct, depending on a people's conception of marriage. Well, this is not the
sole way everyone looks at it. Some individuals live it differently which can
maybe inspire a different answer.
If we tend to take some distance from marriage
as a mere social or political alliance, a search for somebody to bear children
for some man, to care to worry for some man's home, marriage between two clans
or families; however when marriage is seen as a love relationship between a man
and a woman who have the pleasure to spend life together as friends, certainly,
all restrictive, discriminatory, selfish and adulterated ideas of marriage begin
to melt and fall to pieces.
How we can eliminate gender inequality?
The list of legislations, also as sorts of discriminations or inequalities,
might continue however the real change will solely come when the mentality of
men will change; when the male species of the citizenry would begin treating
ladies as equal and not subordinate or weaker to them. In fact, not solely men,
however, women also need to change their mentality as through cultural
conditioning they have also become a part of the same exploitatory system of
patriarchy and are playing a supportive role in furthering men's agenda of
Therefore, what's required is the movement for Women's empowerment wherever
women can become economically independent and self-reliant; wherever they will
fight their own fears and go out in the world fearless; wherever they will
snatch their rights from the clutches of men and they don't need to ask for
them; wherever women have a good education, good career, possession of the
property and in particular wherever they have freedom of choice and also the
freedom to make their own decisions without the bondages of the age-old saying.
Let's hope and wish that our participative democracy, in times to come, and with
the efforts of both women and men, would be able to found solutions to the
matter of gender inequality and would take us all towards our cherished dream of
a truly modern society in both thought and action.
- 2008. Universal's Marriage & Divorce Laws. Delhi: Universal Law Pub. Co
- Gandhi, B., 2019. Family Law. 2nd ed. Bangalore: Eastern Book Company.
- Mulla, D. and Desai, S., 2007. Principles of Hindu Law. Lexis Nexis
- Mahmood, T., 2002. The Muslim Law Of India. 3rd ed. Lexis Nexis Butterworths.
- Diwan, P., 2018. Family Law. Allahabad Law Agency.