Central Idea

• The Supreme Court of India recently started hearing petitions from LGBTQ+ petitioners seeking marriage equality. While marriage equality for LGBTQ+ persons is a controversial issue in India, it is essential to understand that denying them the right to marry excludes them from participating fully in family and community life, including gaining recognition and respect.

LGBTQIA+ community

• Sexual orientations or gender identities: LGBTQIA+ is an acronym for Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual/Ally. The plus sign is often added to include other identities and orientations that are not explicitly mentioned in the acronym. It is a term used to refer to individuals who identify as any of these sexual orientations or gender identities.
• Equal rights and acceptance: The community is made up of individuals who may face discrimination, marginalization, and stigma based on their sexual orientation or gender identity. The community advocates for equal rights and acceptance, and works towards achieving societal and legal recognition and protection

What is mean by Same-sex marriage?

• Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
• It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
• The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
• The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.

Same-sex marriage in India

• Decriminalized homosexuality: Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018, which was a landmark decision for LGBTQ+ rights in the country.
• Same sex marriage is not yet legal: However, there is still no law that allows same-sex couples to legally marry or have any legal recognition of their relationships. Same-sex marriage is currently not legally recognized in India.

What are the implications of not recognizing Same sex marriage legally?

• Infringement on individual freedoms: Denying same-sex couples the right to marry can be seen as an infringement on individual freedoms and a violation of human rights. It can limit the ability of individuals to express their identities and form meaningful relationships.
• Exclusion from family and community life: Marriage is a fundamental institution in Indian society, and remaining unmarried is looked down upon by the entire family. However, excluding LGBTQ+ persons from marriage denies them full benefits of participating in family and community life, including acceptance in society.
• Social stigma: The lack of legal recognition for same-sex marriage can contribute to negative attitudes towards LGBTQ+ individuals and relationships. This can perpetuate social stigma and discrimination.
• Discrimination: Despite same-sex attraction being a natural part of human society, some people of the same sex fall in love with each other and want to get married. Marriage benefits a couple in tangible and intangible ways, including essential protections, such as the ability to own and share financial assets, joint ownership of property, and access to health and life insurance. Denying these rights to LGBTQ+ persons is discriminatory.

Arguments against recognizing same sex marriage legally in India

• Marriage is a union between a man and a woman: Many people believe that marriage is meant to be a union between a man and a woman, and that allowing same-sex couples to marry goes against traditional values.
• It is against Indian culture: Many opponents of same-sex marriage argue that it goes against Indian culture and Hindu values, and that such unions are not recognized in traditional Indian society.
• It could lead to social instability: Some people believe that allowing same-sex marriage could lead to social instability and moral decay, and that it would have a negative impact on family and societal values.
• It is against the law: While homosexuality is no longer a criminal offence in India, same-sex marriage is not recognized under Indian law. Opponents argue that allowing same-sex marriage would be against the law and would undermine the institution of marriage.
• It could have negative impact on children: Some people argue that children raised by same-sex couples could face social stigma and could be negatively impacted psychologically. They believe that children should have both a mother and a father.

Other developments and challenges

• Many corporations have applied core HR principles of fairness, equality, and non-discrimination to their LGBTQ+ employees and have re-written their equal opportunity and anti-discrimination policies to protect them from discrimination, bullying, and harassment.
• However, inclusive policies have been challenging to implement with insurance companies as same-sex partners are not legally recognised as spouses. Being allowed to marry will help to gain the acceptance that LGBTQ+ citizens are seeking in society.

Way ahead with a balanced approach

• Increase awareness and education: It is essential to increase awareness and education among the general public regarding the LGBTQ+ community and the importance of equal rights for all individuals.
• Dialogue and debate: There need to be an open and respectful dialogue and debate between people who support same-sex marriage and those who oppose it. This will help to address concerns and misunderstandings and lead to a greater understanding and acceptance of the LGBTQ+ community. A wide-ranging consultation process could be initiated with stakeholders from different communities, including religious leaders, civil society organizations, and members of the LGBTQIA+ community, to build consensus on the issue.
• Legal reforms: The Indian government should consider legal reforms to ensure that the LGBTQ+ community has equal rights and protections under the law. This includes legal recognition of same-sex marriage and the extension of benefits and protections to same-sex couples, such as inheritance rights and access to healthcare.
• Inclusive workplace policies: Corporations and employers can play a significant role in promoting inclusivity and diversity by implementing policies that explicitly protect LGBTQ+ employees from discrimination, bullying, and harassment.
• Sensitization of government officials: Sensitization programs should be conducted to sensitize government officials to the needs and rights of the LGBTQ+ community. This will help to ensure that government policies are more inclusive and considerate of the needs of all citizens.
• Balancing Interests: The government could take a cautious approach to legalizing same-sex marriage, considering the positive effects such as social inclusion and individual rights, and the potential negative effects, such as religious sensitivities and family values. This could involve striking a balance between individual rights and social cohesion, taking into account the unique cultural and social contexts of India.
• Monitoring and Evaluation: The government could set up an independent body to monitor the implementation of same-sex marriage legislation and evaluate its impact on society. This could help to identify areas of success and potential areas for improvement, and ensure that the legal recognition of same-sex marriages is a positive step forward for Indian society as a whole.

Conclusion

• Inclusive policies have resulted in more loyalty and engagement from employees, and it is now time to extend this sense of belonging to the LGBTQ+ community in India. The LGBTQ+ individuals deserve the right to participate in one of society’s major institutions and to be treated equally under the law. Allowing same-sex marriage would enable LGBTQ+ individuals to feel a sense of belonging and gain the acceptance they are seeking in society.

Mains Question

Q. Issues over the Same sex marriage has been one of the hot topics for some time now. Analyze the issue recognizing same sex marriage legally in India and suggest a balanced way ahead.

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