Should gay marriage be allowed in India
"Marriages are made in Heaven" seems to be a very innocuous statement, but use of world 'heaven' in the statement asserts the fact that marriage is seen as a religious ritual rather than a legal communion between two persons who want to share their lives with each other. Thus marriage is seen from a religious angle where anything unacceptable by religion or faith, as same-gotra marriage or same-sex marriage, is considered blasphemy and results in banishment or in some cases murder of the couple in name of preserving the holiness of the religion. Gay marriage/same sex marriage are thus presumed to be unholy as marriage is a sacrosanct institution and such relationships are considered immoral & social evil.
Gay or homosexuality is not a concept which derives from west as many who opposes the notion argues. There are references of homosexuality in our ancient literatures & scriptures which reflects that the concept was prevalent in our society since ancient time. But the point here is not that either homosexuality was a western or eastern concept but rather of accepting the fact that it is a way of life or thinking of an individual, which has no time bounds or boundaries. It has to be understood that gay or lesbians are not some aliens but are among us, just having a different emotional & sexual needs. Homosexuality is a way of living life by an individual of which he/she has complete right as assigned to him/her by constitution under Right to life with dignity & respect.
In India homosexuals are treated as criminals both socially & legally. They are ostracised from the community, once there identity is revealed. This force many such couples to hide their relationships as they don't want ignominy and to be branded as criminals as the homosexual act between two consenting adults was also considered against law by the archaic act of IPC. However last year judgement of Delhi High Court, on a petition filed by Naz foundation, decriminalised homosexual act between two consenting adults specified in Article 377 of IPC. This was a landmark judgement by HC and hailed by many intellectuals, NGOs and not to mention the people who were in the question. The jubilation among them can be seen in their parades spread over the nation in which for first time they came out from their fear of ignominy and demanded their right to be treated without discrimination. This judgement gave them legal acceptance and an optimism that in future they might get social acceptance too.
In view of this, same sex marriage should be allowed to give legal status to relationship between homosexuals. Even though without such status too, they have chosen to be with each other in spite of pressures and humiliation from all spheres of life which shows their commitment, the backbone of a relationship, towards each other. With giving them a married couple status not only we are giving them social acceptance but also providing them all the legal rights enjoyed by a couple including; social security, property inheritance, right of raising a child, health care etc. . Forcing them to marry out of their choice and sexual inclination will not only disturbs their life but also hampers the life of their partner and thus will result in a failed marriage.
All said and done, the acceptance of gay marriage still has a long way to go in our country and this requires a paradigm shift in the thinking of individuals, religious leaders, law making bodies and government. But as change is the law of nature, things will change but will take time. We should use this time and moment to establish people's acceptance on gay relationship and should ask people to see these relationship not through eyes of religion but from point of view of humanity & equality.
-Sharad Vashistha
