Marriage originates in the smallest organisation of society, called the family. Father’s mother is the initial organisation further expanded with children. Every organisation and institution is formed with certain qualities to be partnered into it.
In a historic Judgement on September 6, 2018, a five-judge Supreme Court constitutional bench repealed a 157-year-old colonial imposition, Section 377 of the Indian Penal Code (IPC). Section 377 denotes Unnatural offences “Whoever voluntarily has carnal intercourse against the order nature with any man, women or animal, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and also be liable for fine”. While repealing this section, homosexuality was decriminalised.
Decriminalising homosexuality leads to a new demand for legalising same-sex marriage. The question of legalising same-sex marriage was presented before the 5 judge bench chaired by the Chief Justice of India, who also happened to be part of the 5 judge bench decriminalising homosexuality. The petitioners from the LGBTQ+ community recently showed the ambit of their plea before SC was not only to legalise marriage but also bestowal all consequences of marriage, such as adoption, succession etc., similar to heterosexual marriages. This plea is decided by SC directing Central Govt to take necessary measures.
Marriage in India was celebrated by families as one of the most memorable movements of their life. Marriages in India are between two families rather than two individuals. There are so many rituals also associated with marriages governed by personal laws. Also, there is a provision for the couple to get into marriage through the Special marriage act. The Hindu belief on marriage is that it is a sacrosanct union between bride and groom. Whereas in Muslim personal law and Quran, nikah is a formal binding Contract between two people. Both the groom and the bride are to consent to the marriage of their own free will. Marriage in the Sikh community is believed to be a unity of mind and soul, “a sacred bond of mutual help in attaining the heights of worldly life and spiritual bliss. Whereas Christianity believe that marriage happened at heaven, “marriage is a gift from God, one that should not be taken for granted”. It is the right atmosphere to engage in sexual relations and to build a family life.
As mentioned in India, Marriage is the union of families, not certainly, but usually. It is also an important social institution. Marriage originates in the smallest organisation of society, called the family. Father’s mother is the initial organisation further expanded with children. Every organisation and institution is formed with certain qualities to be a partner in it.
Marrying first-degree relatives is prohibited and accepted fact in this social institution. In Muhammadan law, marriage between certain relations is an illegal contract void. Prohibited relation in the Hindu marriage act is also defined in Section 3(g). We consider these marriages illegal because it is against the order of Nature. That is the difference between a human and an animal.
Transgender marriages are not unnatural because it is not mere sexual affection; rather, it is a reality beyond the control of human and is a biological or hormone transformation. The marriage is usually done after hormone treatments and medical treatment. Even it is a reality that a woman may turn into a man even after giving birth to a child in her womb. And this phenomenon is a natural creation. Transgenders are considered nature creations called “Tritheeya prakruthi” in Indian Puranas. And those communities need to be treated separately with a caption of Queer minority community. Using the Name LGBTQIA+ is a part of redeeming the sentiment and historical acceptance favourable to transgenders by Homosexuals.
The United States legalised Same-sex marriage, but it is not applicable to American Samoa, where same-sex activities are permitted, but same-sex couples may not marry; hence the consequent benefits of marriage are not entitled there. It is not scientifically proven that homosexuality is the effect of Neurological or biological reasons. Sex appeals and sexual attractions are purely the perceptions of individuals. Sexual affinity and intimacy with the same sex are usual, and entering into sexual intercourse with the same sex has been decriminalised in India. This sexual affinity is not just between urban areas nor an elitist people phenomenon. But the demand to institutionalise this sexual orientation is a mental disfiguration and raises a moral question above the constitutional thoughts, and it is the product of the Western “Woke” mentality. Considering a group of mental states, people claiming themself as a minority community is very dangerous to society. Even Animals do not have this orientation. By Institutionalising this sexual orientation, man will position himself below the animal. This is definitely not a golden feather for the “transformative constitution” called the Indian constitution, which balances the values, traditions, and rights of the people of India.
It is an appreciable decision of SC on the plea as they displayed concern for ostracised sections in the society and, at the same time, uplifted the Judiciary’s Role in India while declaring that Law-making is not the duty of Judges and Judiciary and reminded the Legislator and Govt that it is their duty for recognising and making welfare measures to these sections. They also asked the central government what it wants to do to ensure the recognition of people in cohabitatory relationships in terms of creating security and social welfare conditions for them.
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