LGBTQ+ community demands to legalize same sex marriage in India, administration opposing strongly

Same sex couples and LGBTQ+ activists in India are fighting for their fundamental right. Petition seeking to legalize same sex marriage in Indian Supreme Court has started a debate in among supporters and administration, including religious leaders. Few years ago, Indian Supreme Court overruled section 377 which categorized gay sex as ‘unnatural offence’. Court in its explanation stated it as discrimination on the basis of sexual orientation is a violation of fundamental rights. Country celebrated love openly for the first time, but we also noticed religious groups and conservative rural communities as a strong opposition regarding to this decision.

Similarly, now activists are demanding right to marriage within the community, which is not legal yet, in the country. Side of petitioners presented this case as marriage is a union of two people- not just a man and woman. They argued, with time concepts of marriage have changed and it should be reflected in laws of the country. And that same sex couples also deserve respectability of marriage. However, lawyer representing administration question the court’s right to hear the matter at all. Solicitor General Tushar Mehta during said this cannot be decide by five judges. Socio-legal issue of marriage should be discussed in parliament.

Now, in a statement given to the court , administration has decided to form a committee for LGBTQ+ headed by Cabinet secretary in response to Court’s question, what legal rights could be provided to this community? According to the opposition, marriage is not a fundamental right and has nothing to do with dignity. Whereas lawyers presenting the community cleared that young LGBTQ+ couples want recognition of same sex marriage and is quite emotional with this demand.

Tens of millions of LGBTQ+ people live in India and is keeping an eye on this case. Over the years, acceptance of homosexuality has grown in India informed in a pew survey in 2020. Data says, 37 percent people want them to be accepted that has increased to 22 percent from 15 percent in 2014. But despite the change, an adamant behavior from conservative and religious people is in most of the corners of the country, making difficult for the community and activists. Purva just finished her college and want to work for this community, full time. ‘LGBTQ+ friendly education was provided to me when I entered college. Little in class, but mainly outside the class. And I have attended some of the workshops, seminars and even events in favor of LGBTQ+ and it has only intrigued me to read further about them. Yes in 2018, section 377 got overruled but we cannot call it a changed mindset completely. The decision was taken by Court, we should not forget this. I know people who still are not ready to accept this community and speak ill about them. Fighting for same-sex marriage is going to be tough, where administration is opposing the concept with insensitive reasons’, she said.

The law is intertwined with several other rights such as divorce, adoption, inheritance and according to the experts, once this matter will resolved these other rights will need to be modified. Purva believes marriage definitely is a fundamental right as it is interconnected to many basic socio civil liberties. She told EAT news, ‘Marriage is a legal union that should not be restricted for anybody, I believe. If it is legal for male and female so should be for others. And by other I mean all the existing humans. It should be given as a choice, not particularly to some genders. This is an open act of discrimination which should not be appreciated by anyone including administration. If not marriage, an individual might want to adopt a kid but seems like a far impossible dream for same sex couples, in India.’ She further added that marriage will open other doors for this community to live freely.

What are the possibilities of winning the case to which Purva responded, ‘It is very early to speculate what the court is going to give verdict. I have faith in our judicial system. It is hearing both the sides and giving required time to represent their reasons and consideration. I am expecting an unbiased and favorable verdict for LGBTQ+ community because they are fighting for their existence since very long and this case is important in all sorts. And if they lose, the fight for their rights will continue and will unfold other phases within this journey.’

Meanwhile the case is reaching to its final steps, lot of attention is focused on what court decides. If decision in favor of this community comes, India will become 35^th nation to legalize same sex marriage. The new updates are making routinely headlines in the country and globally. As per the calculations, the community makes 10 percent of the Indian population, who needs to be heard.