The legalization of same-sex marriage has become a hot topic in the United
States, but the issue is more controversial in India. There has been a lot of
debate in India about whether or not same-sex marriage should be legalized. This
debate has been going on for the past few years, but it is heating up in the
news recently because the Supreme Court of India will be considering the
legality of gay marriage soon after a petition was filed by a gay couple, who
have been together for a decade.
"The country will see a historic ruling if the court decides to recognize
Is people's View toward Same-Sex Marriage Changing?
The world is changing for the better and people are becoming more open about
their sexuality. In recent years, the world has seen a major shift in the views
of many societies and nations. People have decided to become more accepting and
understanding of LGBTQ individuals. As more countries are legalizing same-sex
marriage, but for India, there is still a long way to go.
The question is, should Indian legalize same-sex marriage?
Same-Sex Marriage In India
Same-sex marriage is not legally recognized in India. Although same-sex
relationships have been documented in the country for centuries, There is no
doubt that the landscape of civil rights for LGBTQ persons in India has changed
significantly in recent years, with the Supreme Court ruling in 2018 to overturn
section 377 of the Indian Penal Code, which criminalized homosexuality.
Recently, the Supreme Court of India also recognized the rights of transgender
people and granted them the right to self-identify as a third gender. This has
been seen as a move towards greater acceptance of the LGBTQ community. it was
allowing them to access services and benefits that may have otherwise been
denied to them.
LGBTQ community in India: The Current scenario
India, a nation of paradoxes, has always been known for its diversity and the
range of religions it has. It is home to over a billion people, diverse
cultures, and an even more diverse range of beliefs. The LGBTQ community is no
exception to this, which has a sizable population in India. But they are not
blessed with some fundamental human rights that ordinary people enjoy. The
community is forced to face various issues like physical and mental torture,
abuse, and discrimination. Violence in the name of family honor seems to become
more prevalent every day.
But now the tide is turning the community has made significant progress in
recent years, with the Supreme Court ruling in 2018 to end a colonial-era law
that criminalized homosexuality. This ruling has made it easier for LGBTQ people
in India to come out and be open about their sexuality without fear of
persecution. While there is still much work to be done in terms of LGBTQ rights,
the Indian government has taken action to improve the lives of LGBTQ people in
- In 2019, the Indian government announced the formation of a new Ministry
for the Welfare of Transgender Persons to address the issues faced by the
transgender community in India.
- The government has also established a Transgender Welfare Board, which
provides financial aid and other essential services to the transgender
- Additionally, there have been initiatives to increase the acceptance and
visibility of LGBTQ people in India, such as the recent "Pride Walks" held
in major cities.
Despite these steps, the LGBTQ community in India still faces many
difficulties, such as discrimination, lack of access to healthcare and
employment, and social stigma. However, it is encouraging to see the progress
being made and the efforts being taken to ensure LGBTQ people in India have the
same rights as everyone else.
Should same-sex marriage be legalized in India?
However, same-sex marriage remains illegal in India. This has led to a growing
chorus of voices calling for the legalization of same-sex marriage. Many argue
that same-sex marriage is an essential step in guaranteeing equal rights for all
members of Indian society, regardless of gender identity and sexual orientation.
The legalization of same-sex marriage in India would ensure that all LGBTQ
persons have the same rights that heterosexual couples enjoy. It would also help
to reduce discrimination against LGBTQ persons and ensure that they have access
to the same rights and privileges as all other citizens in India.
Furthermore, it would provide legal rights to same-sex couples that are
currently denied to them. This includes the right to inherit property, the right
to make medical decisions, the right to adopt children, and other rights that
are currently only available to heterosexual couples.
On the other hand, opponents of same-sex marriage argue that it goes against
Indian culture and values. They also suggest that it could lead to the breakdown
of the traditional family structure and could lead to the acceptance of other
practices such as polygamy and polyandry.
Ultimately, the decision on whether or not to legalize same-sex marriage in
India is a complex one. It is a matter of personal opinion and values, and it is
up to each individual to decide what they believe is right. However, it is clear
that same-sex marriage is becoming increasingly accepted in many countries
around the world.
"It is time for India to consider the issue and decide whether or not to
Is the right to marry the partner of choice legal in India?
It's not easy for a gay couple in India. Two Indian men, Pranav and Akash, have
been together for 2 years. Pranav works as a software engineer, while Akash is a
graphic designer. They want to get married in the Hindu tradition but are not
accepted by their families. They are not allowed to live together; in fact,
there is no legal recognition of gay marriage.
"We have to be careful with what we say and to who we say it. We have to pretend
that we are just friends when we go out in public."
I am gay. I have chosen to be with a man. I know it is not accepted by many, but
it is my choice. We are just like any other couple. I hate it when people stare
at my boyfriend and me. I know they're just curious, but sometimes I wish they
would just mind their own business.
We don't deserve to be discriminated against. Individuals' sexual orientation is
a basic part of the human identity. But just because I'm "gay" doesn't mean I'm
any less a person; my identity does not determine my abilities.
"Acknowledging this, we should all be able to agree that love is love whatever
the gender and it should be legalized to acknowledge the same."
Legal Provisions Regarding Same-Sex Marriage
Same-sex marriage is not legally recognized in India. The Special Marriage Act
of 1954 does not allow marriage between same-sex couples. Section 4(c) of the
Special Marriage Act, 1954 states that marriage is only valid between a male and
Additionally, Section 377 of the Indian Penal Code criminalizes same-sex
relationships. Although, in 2018, the Supreme Court of India held this section
unconstitutional. However, this does not mean that same-sex marriages are now
legal in India. There is still no legal recognition of such marriages.
Government View On Legalization Of Same-Sex Marriage
The Indian government makes its stand that same-sex marriage should not be
legalized as it goes against the fundamental values of Indian society, culture,
and tradition. It was further argued that such marriages violate the Hindu
religion's basic tenets, which form the basis of Indian culture, and are thus
contrary to public order, morality and health.
The government also submitted that legalizing same-sex marriages would open the
door to a host of other issues such as inheritance, adoption, surrogacy, and
maintenance, which would create a complex legal framework or which would lead to
chaos and confusion in society.
In the past decade, several countries have significantly improved their human
rights protections—and India is no exception. But improving LGBTQ rights
requires more than legal recognition. Government officials and ordinary citizens
alike must work to foster a culture of tolerance and acceptance toward sexual
minorities in India. Legal recognition would be an important first step in that
process, but fully embracing the LGBTQ community will require greater social
change. The celebration of pride parade is one of the most positive moves to
celebrate sexual and gender identities.
I believe the prevailing view is that the normalization of same-sex marriages
will help to reduce discrimination against gay couples and protect their rights.