Same-Sex Marriage in India

(Relevant for Sociology Optional for Civil Services Examination)

Paper 1: Social Stratification of gender, Marriage and its forms Paper 2: Vision and Social Change in India, Law and Social Change

Context

The Supreme Court on 17.10.2023 refused to grant legal recognition for queer marriages in India saying that it is a matter for the legislature to decide. However, all the judges on the bench agreed that the Union of India, as per its earlier statement, shall constitute a committee to examine the rights and entitlements of persons in queer union, without legal recognition of their relationship as a “marriage”.

Sociological Analysis on Homosexuality Kenneth Plummer (1975) distinguished four types of homosexuality within modern Western culture. Casual homosexuality is a passing encounter that does not substantially structure a person’s overall sexual life. Situated activities refer to circumstances in which same-sex acts are regularly carried out but do not become an individual’s overriding preference. Personalized homosexuality refers to individuals who have a preference for same- sex activities but are isolated from groups in which this is easily accepted. Homosexuality as a way of life refers to individuals who have ‘come out’ and made associations with others of similar sexual tastes a key part of their lives. Usually this involves belonging to subcultures in which same-sex activities are integrated into a distinct lifestyle. Frank and McEneaney: The active lesbian and gay social movement tend to thrive in countries with focus on individual rights and liberal state policies. Gender socialisation: The learning of gender roles via social agencies like family, sate, mass media. Michel Foucault: identities can be seen pluralistic , unstable and subject to change over time. Queer theory: separation of sexuality from gender is basic assumption of queues theory. It challenges the fixed form of identity.

Homosexuality

Homosexuality as a way of life refers to individuals who have ‘come out’ and made associations with others of similar sexual tastes a key part of their lives.

Usually this involves belonging to subcultures in which same-sex activities are integrated into a distinct lifestyle. Such communities offer provide the possibility of collective political action to advance the rights and interests lesbians and gay men.

Government’s Stand Same Sex Marriage

• “Legislative understanding of marriage in the Indian statutory and personal law regime” only includes such unions existing between “biological” men and women.
• The government also argued that interfering with this prevailing societal understanding of marriage “would cause a complete havoc with the delicate balance of personal laws in the country and in accepted societal values.”

Argument In Favour of Same Sex Marriage

• Fundamentals rights: The right to legal recognition of same sex marriage upholds the fundamental rights of same sex couple i.e. their constitutional rights of equality and non discrimination and right to live life with dignity.

• Next logical step: after declaration of right to privacy as fundamental right in Puttaswammy Case and decriminalisation of homosexual relation, granting them civil and marriage rights is next logical step to uphold constitutional morality.

• Fluid identity of gender: biological gender is not absolute. Gender is more complex then only biological binary.

• Other civil and basic rights: legalising same sex marriage grants many other right like social security benefits, pension, parental rights , renting etc.

• Inclusivity and Diversity: it will create a more equal society and reduce stress and anxiety in such couple.

Argument Against Same Sex Marriage :

• Against societal values: the traditional definition of marriage involves heterosexual union. Homosexual marriage can create social havoc and fall of cultural values.
• Issue of adoption and surrogate kid: the kid associated with homosexual parents can face social stigma , discrimination and exclusion. It can hamper both material and emotional well being of kids.
• Religious sanctions: most of the religion see homosexuality as sin.
• State’s right: the right to regulate marriage and related aspects is legitimate right of government.
• Parliamentary legislation: the issue of same-sex marriage is a matter of legislative policy and that it is up to Parliament to decide whether or not to legalise it.
• Social acceptance: apart from government opposition overall society is not evolved to accept homosexual marriage. It is still considered as physical and metal disorder, which need treatment. It will create tension in social fabric.

Solution:

• Awareness: It is highly required that people in society are made aware and sensitised about the equal right of LGBTQ+ community.
• Dialogue: There should be dialogue among religious leaders and LGBTQ+ community representative to clear misconception among traditional leaders about the community.

Even as one recognises that there exist some sound critiques of the institution of marriage within the LGBTQ+ community itself, the step towards the legal recognition of same-sex marriages and the larger campaign for marriage equality (as witnessed) would go a long way in opening societal horizons towards alternative ways of living together that are not bound by heteropatriarchal norms and standards.

Societal Collapse :-

It is the fall of complex human society characterized by the loss of cultural identity and of socio-economic complexity ( failure of state and the rise of violence)

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META TAGS:

Same-Sex Marriage, LGBTQ+ Rights, Legalization, Government’s Stand, Fundamental Rights, Societal Values, Adoption, Religious Sanctions, Dialogue, Sociological Analysis, Gender Socialization, Queer Theory, Societal Collapse, Same-Sex Marriage

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