Same-sex marriage: The only natural and just way forward

Source: The post is based on the following articles

“Same-sex marriage: The only natural and just way forward” published in the Indian Express on 18th April 2023.

“Same-sex marriage is a ‘mere urban elitist view’: Government to SC” published in The Hindu on 18th April 2023

Syllabus: GS – 2: Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Relevance– Issues related to same-sex marriages

News: The Supreme Court received petitions to allow same-sex marriage under the Special Marriage Act.

About the case and Centre’s affidavit on legalising Same-sex marriages in India 

What are the arguments in support of the centre position against same-sex marriages?

Government argued that if the court allows same sex marriage, it would amount to the “judicial creation of a social institution called ‘marriage’ of a different kind than contemplated in the existing law”.

Moreover, fundamental rights like the right to choose one’s sexual orientation as well as the right to privacy have already been protected under the Transgender Persons (Protection of Rights) Act, 2019.

Hence, any further creation of rights, recognition of relationships and giving legal sanctity to such relationships can be done only by the competent legislature and not by judicial adjudication.

What are the issues in the centre’s affidavit on legalising same-sex marriages?  

What is the stand of different organizations on same sex marriage?

The Delhi Commission For Protection of Child Rights (DCPCR) has supported the petition saying that same-sex family units are “normal” and that the government should intervene in taking steps to encourage such family units.

Recently, the Indian Psychiatric Society (IPS) came in support of the same-sex family units arguing it would promote their inclusion in society.IPS stance that homosexuality is not an illness – had played a key role in the 2018 judgment that decriminalized homosexuality.

What are the misconceptions and reality about raising children with LGBTQIA+ couple families?

Misconceptions: Children growing up in families of same-sex unions will become confused about societal norms and are much more likely to become gay themselves.

Reality: a) The whopping majority of gay people grow up in families of heterosexual parents, and often in conservative households, b) Private research on children growing up with same-sex couples found no social difficulties or specific mental health problems among children, c) Another research found that most gay couples were more mindful and sensitive to their children’s needs and were willing to walk the extra mile as parents.

What should be done?

Legalising same-sex marriage may pave the way for generations to come and become a big step towards reclaiming the diverse, multicultural, and inclusive civilisation of India.