EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA
“Marriage is a more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of offspring.” Traditionally marriage is perceived to be the union of persons of opposite sexes, this is observed as a by-product of the law of nature. Marriage is a cornerstone of human civilization. It is unreasonable to withhold these rights and protections based on a person’s sexual orientation when so many rights are connected to marriage. Scientifically, being part of a diversity of species, it is “natural” to be a homosexual. These instincts are not self-made or self-engineered. They are rooted in a person’s inherent sexuality. Being homosexual does not imply being queer or abnormal. It is all a matter of mindset, not the law. Therefore, ‘Gay marriage’ or ‘Lesbian marriage’ ought to be allowed.
The freedom to marry is not officially recognized as a basic constitutional right in the Indian Constitution. However, the freedom of choice in marriage has been recognized as an essential component of Article 21 of the constitution through judicial interpretation by the Apex Court of the country. Marriage as an institution is founded on exclusion. Same-sex marriages are still not accepted in Indian society despite other dynamic changes. It is important to understand that without social support, laws alone cannot bring about social change and development.