Same sex marriages in india. Is India gay marriage-ready? Or at least are our laws?.



Same sex marriages in india

Same sex marriages in india

It is through marriage that the human race has propagated future generations. Marriage is the most important institution of human society. We can say that the Marriage is as old as the institution of the family. Both these institutions are vital for the society. Marriage regulates sex life of human beings, thereby giving them a chance to procreate, thus aiding the survival of human race.

Marriage creates new social relationships and reciprocal rights between the spouses. It establishes the rights and the status of the children when they are born. Each society recognises certain procedures for creating such relationship and rights.

It is this institution through which a man sustains the continuity of his race and attains satisfaction in a socially recognised manner. Sociologists and anthropologists have given definitions of marriage. Some of the important definitions are given below. Goode [8] , the famous family sociologist has tried to combine the two objectives of marriage i.

Although different thinkers have tried to provide definition of marriage, but there is no universally acceptable definition of marriage. There seems to be, however, a consensus that marriage involves several criteria that are found to exist cross-culturally and throughout time. Individual happiness has been given the least importance.

It is considered to be sacrament, a spiritual union between a man and a woman in the social status of husband and wife. Marriage is cultural specific. The rules and regulations differ from one culture to another. The above discussion helps us to conclude that the boundaries of marriage are not always precise and clearly defined.

It is, however, very important institution for the society as it helps in replacement of old and dying population. Let us now consider two contradicting point of views on what marriage is [9]: Marriage is the union of a man and a woman who make a permanent and exclusive commitment to each other of the type that is naturally inherently fulfilled by bearing and rearing children together. Marriage is the union of two people whether of the same sex or of opposite sexes who commit to romantically loving and caring for each other and to sharing the burdens and benefits of domestic life.

It is essentially a union of hearts and minds, enhanced by whatever forms of sexual intimacy both partners find agreeable. Same-sex marriage is also known as gay marriage. Legal recognition of same-sex marriage or the possibility to perform a same-sex marriage is sometimes referred to as marriage equality or equal marriage, particularly by supporters.

The first laws enabling same-sex marriage in modern times were enacted during the first decade of the 21st century. Polls in various countries show that there is rising support for legally recognizing same-sex marriage across race, ethnicity, age, religion, political affiliation, and socioeconomic status. It is a cornerstone of a society. It is in the family that children learn to become citizens; it is in the family that children learn about relationships; it is in the family that children learn about what is expected of them in society, how to act and how to be [13].

Central to the nuclear family is the traditional idea of marriage, consisting of one man and one woman in a monogamous and permanent relationship. We need to promote and protect marriage to secure a healthier society.

Marriage has legitimate recognition to get united. Society accepts union of two souls because primary object of marriage is to beget and bear offspring, and to them until they are able to take care of themselves [14]. Right of all members of family like Right to Respect for private and family life, Right to marry and found family, is foundation of justice, freedom and peace.

The definition of marriage can be looked at from a legal perspective. According to the Hindu Law Marriage is a body for the performance of religious duties. It is deemed as a holy union in Hindu Law.

It is also considered to be an union of flesh to flesh and blood to blood. It is a religious sacrament and not a civil contract. The Hindu Marriage Act , Sec. Marriage nikah is defined to be a contract which has for its object the procreation and the legalizing of children. In the context of right to marry, a mention may be made of a few Indian cases. Person who suffering from venereal disease, even prior to the marriage cannot be said to have any right to marry so long as he is not fully cured of disease.

The Court had rested its decision on the facts of the case that it was open to the hospital or the doctor concerned to reveal such information to persons related to the girl whom he intended to marry and she had a right to know about the H. If that was so, there was no need for the Court to go further and declare in general as to what rights and obligations arise in such context as to right to privacy or confidentiality or whether such persons are entitled to be married or not or in the event such persons marry, they would commit an offence under law or whether such right is suspended during the period of illness.

Therefore, all those observations made by the Court in the aforesaid matter were unnecessary, particularly when there was no consideration of the matter after notice to all the parties concerned.

We dispose of these applications with these observations. In Indian Constitution this right not expressly mentions. But it is interpreted under Art 21 Right to Marry is universal right. It is available to all persons but whether it includes same sex marriage. Marriage right is recognised at international level but in India there is no special law for marriage right. Indian constitution provides for right to marry but it is not fundamental right.

Caste system has been a rigid part of Indian customs since ages. It is an evil that has made the rules and regulations of the Hindu tradition biased and unfair. Even when the world has become so advanced there are people who follow strict caste rules. Marriages in the Hindu society are caste driven; inter-caste marriages are considered to be a sin and are not approved by the elders. The ill-effects of not approving the inter-caste marriages are manifold. It hampers the growth of the society, create fissures among different social groups and castes and poses a threat to the national unity.

There have been various instances where couples in inter-case marriges have been driven to commit suicide or killed in the name of honour-killings. Both the parents in the case were adults and so free to marry of their choice.

Inter-caste marriages are in fact in the national interest as they will result in destroying the caste-system. When married women aged between 15 and 49 were asked if theirs was an inter-caste marriage, just 5.

A religion has far deeper and broader effects on how you lead your life, how you think, how you perceive others etc. The challenges of inter-religious couples are therefore a lot more complex, running a lot deeper. The social stigma attached to people marrying outside their religion is more scandalous than an inter-caste one.

Indian society is a conservative one. Even in contemporary times when the corners of the whole world are expanding, people hesitate to establish lifelong relations with people or their castes and religions. In such a scenario where the minute issue of caste is such a taboo, accepting same sex marriages becomes all the more difficult. A society where people are killed in the name mixing caste or religion, same sex marriages are inconceivable.

In many countries, it is shameful to be anything but heterosexual. Members of the LGBT community often have to prove their worth and value in the workplace, and in society as a whole. Hodges [24] that state-level bans on same-sex marriage are unconstitutional, overruling Baker v.

The court ruled that the denial of marriage licenses to same-sex couples and the refusal to recognize those marriages performed in other jurisdictions violates the Due Process and the Equal Protection clauses of the Fourteenth Amendment of the United States Constitution.

The legislation to allow same-sex marriage in England and Wales was passed by the Parliament of the United Kingdom in July and came into force on 13 March , and the first same-sex marriages took place on 29 March The first same-sex marriage ceremonies for couples not in a civil partnership occurred on 31 December Same-sex marriages from other jurisdictions are treated as civil partnerships. Same-sex unions are treated as de facto unions under the Australian federal law, though each Australian state and territory is entitled to create their own laws with respect to same-sex relationship registers and same-sex partnership schemes.

Since , homosexuality ceased to be considered an abnormal behavior and was removed from the classification of mental disorder. It was also decriminalized in different countries. Since then various states across the globe enacted anti-discriminatory or equal opportunity laws and policies to protect the rights of gays and lesbians.

In , South Africa became the first nation to constitutionally safeguard the rights of lesbians and gays. The US Supreme Court ordered that no state could pass legislation that discriminated against homosexuals [37]. In India, so far no such progressive changes have taken place and the homosexuals remain victims of violence in different forms supported by the state and society.

There is no explicit mention of homosexuality or homophilia in any of the statute books of India. A person cannot be prosecuted for being a homosexual or homophilic. But the sexual act of sodomy is a criminal offence. Section of IPC reads: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life or imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.

Penetration is sufficient to constitute carnal intercourse necessary of the offence described in this section. This provision of the I. However, the emotional attachments, fantasies and affectionate and erotic desire are not been given due consideration. Thus, de jure, it is an attempt to criminalise sodomy while de facto it is an attempt to criminalise and stigmatise homosexuality.

Hence conventionally homosexuality is bought as an offence under the IPC. Adoption of any unnatural mechanisms does not create manhood and as such Tarun Kumar is not a male. The petition called for criminal action underSec. In a judgment [39] the Supreme Court was dealing with a case where a man had homosexual relations with a boy with the consent of the boy.

The Supreme Court in observed that: Considering the consent of the boy, theSupreme Court reduced the sentence from 3 years rigorous imprisonment to six months rigorous imprisonment.

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Same sex marriages in india

It is through marriage that the human race has propagated future generations. Marriage is the most important institution of human society. We can say that the Marriage is as old as the institution of the family. Both these institutions are vital for the society.

Marriage regulates sex life of human beings, thereby giving them a chance to procreate, thus aiding the survival of human race. Marriage creates new social relationships and reciprocal rights between the spouses. It establishes the rights and the status of the children when they are born. Each society recognises certain procedures for creating such relationship and rights. It is this institution through which a man sustains the continuity of his race and attains satisfaction in a socially recognised manner.

Sociologists and anthropologists have given definitions of marriage. Some of the important definitions are given below. Goode [8] , the famous family sociologist has tried to combine the two objectives of marriage i. Although different thinkers have tried to provide definition of marriage, but there is no universally acceptable definition of marriage.

There seems to be, however, a consensus that marriage involves several criteria that are found to exist cross-culturally and throughout time. Individual happiness has been given the least importance. It is considered to be sacrament, a spiritual union between a man and a woman in the social status of husband and wife. Marriage is cultural specific. The rules and regulations differ from one culture to another.

The above discussion helps us to conclude that the boundaries of marriage are not always precise and clearly defined.

It is, however, very important institution for the society as it helps in replacement of old and dying population. Let us now consider two contradicting point of views on what marriage is [9]: Marriage is the union of a man and a woman who make a permanent and exclusive commitment to each other of the type that is naturally inherently fulfilled by bearing and rearing children together.

Marriage is the union of two people whether of the same sex or of opposite sexes who commit to romantically loving and caring for each other and to sharing the burdens and benefits of domestic life. It is essentially a union of hearts and minds, enhanced by whatever forms of sexual intimacy both partners find agreeable.

Same-sex marriage is also known as gay marriage. Legal recognition of same-sex marriage or the possibility to perform a same-sex marriage is sometimes referred to as marriage equality or equal marriage, particularly by supporters. The first laws enabling same-sex marriage in modern times were enacted during the first decade of the 21st century. Polls in various countries show that there is rising support for legally recognizing same-sex marriage across race, ethnicity, age, religion, political affiliation, and socioeconomic status.

It is a cornerstone of a society. It is in the family that children learn to become citizens; it is in the family that children learn about relationships; it is in the family that children learn about what is expected of them in society, how to act and how to be [13].

Central to the nuclear family is the traditional idea of marriage, consisting of one man and one woman in a monogamous and permanent relationship. We need to promote and protect marriage to secure a healthier society. Marriage has legitimate recognition to get united.

Society accepts union of two souls because primary object of marriage is to beget and bear offspring, and to them until they are able to take care of themselves [14].

Right of all members of family like Right to Respect for private and family life, Right to marry and found family, is foundation of justice, freedom and peace. The definition of marriage can be looked at from a legal perspective. According to the Hindu Law Marriage is a body for the performance of religious duties. It is deemed as a holy union in Hindu Law. It is also considered to be an union of flesh to flesh and blood to blood.

It is a religious sacrament and not a civil contract. The Hindu Marriage Act , Sec. Marriage nikah is defined to be a contract which has for its object the procreation and the legalizing of children.

In the context of right to marry, a mention may be made of a few Indian cases. Person who suffering from venereal disease, even prior to the marriage cannot be said to have any right to marry so long as he is not fully cured of disease. The Court had rested its decision on the facts of the case that it was open to the hospital or the doctor concerned to reveal such information to persons related to the girl whom he intended to marry and she had a right to know about the H.

If that was so, there was no need for the Court to go further and declare in general as to what rights and obligations arise in such context as to right to privacy or confidentiality or whether such persons are entitled to be married or not or in the event such persons marry, they would commit an offence under law or whether such right is suspended during the period of illness. Therefore, all those observations made by the Court in the aforesaid matter were unnecessary, particularly when there was no consideration of the matter after notice to all the parties concerned.

We dispose of these applications with these observations. In Indian Constitution this right not expressly mentions. But it is interpreted under Art 21 Right to Marry is universal right.

It is available to all persons but whether it includes same sex marriage. Marriage right is recognised at international level but in India there is no special law for marriage right. Indian constitution provides for right to marry but it is not fundamental right. Caste system has been a rigid part of Indian customs since ages. It is an evil that has made the rules and regulations of the Hindu tradition biased and unfair. Even when the world has become so advanced there are people who follow strict caste rules.

Marriages in the Hindu society are caste driven; inter-caste marriages are considered to be a sin and are not approved by the elders. The ill-effects of not approving the inter-caste marriages are manifold. It hampers the growth of the society, create fissures among different social groups and castes and poses a threat to the national unity. There have been various instances where couples in inter-case marriges have been driven to commit suicide or killed in the name of honour-killings.

Both the parents in the case were adults and so free to marry of their choice. Inter-caste marriages are in fact in the national interest as they will result in destroying the caste-system. When married women aged between 15 and 49 were asked if theirs was an inter-caste marriage, just 5. A religion has far deeper and broader effects on how you lead your life, how you think, how you perceive others etc. The challenges of inter-religious couples are therefore a lot more complex, running a lot deeper.

The social stigma attached to people marrying outside their religion is more scandalous than an inter-caste one. Indian society is a conservative one. Even in contemporary times when the corners of the whole world are expanding, people hesitate to establish lifelong relations with people or their castes and religions.

In such a scenario where the minute issue of caste is such a taboo, accepting same sex marriages becomes all the more difficult. A society where people are killed in the name mixing caste or religion, same sex marriages are inconceivable. In many countries, it is shameful to be anything but heterosexual.

Members of the LGBT community often have to prove their worth and value in the workplace, and in society as a whole. Hodges [24] that state-level bans on same-sex marriage are unconstitutional, overruling Baker v.

The court ruled that the denial of marriage licenses to same-sex couples and the refusal to recognize those marriages performed in other jurisdictions violates the Due Process and the Equal Protection clauses of the Fourteenth Amendment of the United States Constitution.

The legislation to allow same-sex marriage in England and Wales was passed by the Parliament of the United Kingdom in July and came into force on 13 March , and the first same-sex marriages took place on 29 March The first same-sex marriage ceremonies for couples not in a civil partnership occurred on 31 December Same-sex marriages from other jurisdictions are treated as civil partnerships.

Same-sex unions are treated as de facto unions under the Australian federal law, though each Australian state and territory is entitled to create their own laws with respect to same-sex relationship registers and same-sex partnership schemes.

Since , homosexuality ceased to be considered an abnormal behavior and was removed from the classification of mental disorder. It was also decriminalized in different countries. Since then various states across the globe enacted anti-discriminatory or equal opportunity laws and policies to protect the rights of gays and lesbians. In , South Africa became the first nation to constitutionally safeguard the rights of lesbians and gays.

The US Supreme Court ordered that no state could pass legislation that discriminated against homosexuals [37]. In India, so far no such progressive changes have taken place and the homosexuals remain victims of violence in different forms supported by the state and society.

There is no explicit mention of homosexuality or homophilia in any of the statute books of India. A person cannot be prosecuted for being a homosexual or homophilic. But the sexual act of sodomy is a criminal offence. Section of IPC reads: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life or imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.

Penetration is sufficient to constitute carnal intercourse necessary of the offence described in this section. This provision of the I.

However, the emotional attachments, fantasies and affectionate and erotic desire are not been given due consideration. Thus, de jure, it is an attempt to criminalise sodomy while de facto it is an attempt to criminalise and stigmatise homosexuality. Hence conventionally homosexuality is bought as an offence under the IPC. Adoption of any unnatural mechanisms does not create manhood and as such Tarun Kumar is not a male. The petition called for criminal action underSec. In a judgment [39] the Supreme Court was dealing with a case where a man had homosexual relations with a boy with the consent of the boy.

The Supreme Court in observed that: Considering the consent of the boy, theSupreme Court reduced the sentence from 3 years rigorous imprisonment to six months rigorous imprisonment.

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  1. Therefore, the court found, all countries must begin to take steps toward marriage equality.

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