As of 2021, same-sex marriage is legal in 29 countries across the world. These are modern and forward-thinking countries that have recognised that every individual has the fundamental right to choose their gender identity, to love, and to marry a person of their choice with their full consent.
However, the Centre opposed same-sex marriages in India and told the Delhi High Court that individuals have “no fundamental right” to seek recognition for same-sex marriage, reports TOI.
The incident occurred after an equal rights activist urged the government to give recognition to same-sex marriages under the Hindu Marriage Act and Special Marriage Act. There were 4 other people from the LGBTQ+ community who urged the Delhi High Court to solemnise the marriage between two individuals, irrespective of their sex, under the SMA.
Responding to these pleas, the Centre said:
“Family issues are far beyond the recognition and registration of marriage between people of the same gender. Same-sex individuals living together as partners and having a sexual relationship is not comparable to the Indian family unit concept of a husband, a wife, and children – which necessarily presupposes a biological man as a ‘husband’, a biological woman as a ‘wife’ and the children born out of the union between the two.”
The Centre added that any other interpretation of a “husband” and a “wife” other than that of a biological male and biological female, respectively, and judicial interference to alter this interpretation will “cause havoc with the delicate balance of personal laws” i.e. will alter the social fabric of our country.
“Acceptance of marriage between two individuals of the same gender is neither recognised nor accepted in any uncodified personal laws and codified statutory laws,” the Centre said.
“The institution of marriage has a sanctity attached to it and in major parts of the country, it is regarded as a sacrament,” saying this the government highlighted that decriminalization of section 377 by no means suggests that two individuals of the same sex have the fundamental right to marry.
People online actively voiced their dissent. Many highlighted how while complete strangers are made to made to marry in our country, two consenting adults who love each other are denied the same right.
How long we gonna live with such menacing stereotypes. What's the use of removing 377 ?
If you accept the love, then why not the marriages?
Family isn't made only about husband &wife. It's beyond that , it's about Love, respect & acceptance.#samesexmarriage#LGBTQI https://t.co/qU73bKfcTH— Aditya ♥️ #SGforever ☺️ (@adit_musiclover) February 25, 2021
tw // homophobia
Two strangers who don't even know or like each other getting married is okay and them having sex just for kids without being sexually attracted to each other is okay. But two people of the same sex who're in love getting married is not okay. #samesexmarriage https://t.co/Z0HMi7g6vE
— Posh 🌈 (@oceansnewhoax) February 25, 2021
Indian concept of family unit???So domestic violence,marital rape, an abusive and toxic marriage is acceptable but not one filled with love and respect just because of one's gender?Also not only is that statement homophobic but transphobic as well.#SameSexmarriage https://t.co/6evyGMUEkw
— aarushi | love love love (@itiswhatitis_26) February 25, 2021
Your idea of 'marriage' is sadly archaic. I personally don't care much for a patriarchal institution where a man 'owns' HIS wife & children to protect HIS private property. The #LGBTQI should fight for recognition of a more evolved form domestic partnership; not #samesexmarriage. https://t.co/oRmlJyf0RZ
— Apurva (@Apurvasrani) February 25, 2021
Here we go… Now they want to curb #LGBTQI rights. The centre conveniently forgets that NO cultural definition can be greater than Human Rights / Equality/ Dignity. #loveislove #SameSexMarriage https://t.co/ZMsU0dimlE
— অনির Onir اونیر ओनिर (@IamOnir) February 25, 2021
The logic of family for the Indian society is far away of my approach, you can marry someone whom you don't know and do not have feelings for but you can't marry someone whom you know and love them just becausr they are of same gender. #samesexmarriage https://t.co/fLvUt9PbgL
— Yugam Pandey (@pandey_yugam) February 26, 2021
#SameSexMarriage must be recognised. I hope the Centre open their mind and become more Empathetic to such a large section of people. https://t.co/1Bk7iUdAdr
— Jonas kichu SamYu (@TharntypeJ) February 26, 2021
This is a complete bullshit. There is no problem in marrying a person with the same sex. It's upto the person who they want to love and spend their life with, govt has no right to take away these rights.
I'm so done with such stupid mentality of people #SameSexMarriage #LGBTQI https://t.co/dc4Xh2kTSj— K-LOVER (@bangpink__kpop) February 25, 2021
When society denies people freedom, isolates and penalises them for their choices that cause no harm to anyone or anything else, shouldn’t it be made to change? What are your thoughts? Tell us!