Marital Rights for the LGBTQI+ community in India

 

A cultural war is going on worldwide - a struggle for the rights of the LGBTQI community. While the community is oppressed and same-sex marriage is banned in many countries, India is also going through a state of confusion. On the one hand, Government is against legalising same-sex marriage, and on the other hand, the court is pressurising to legalise it. 

History of rights of the LGBTQI+ community in India - 

On 6th September 2018, the Supreme Court of India gave a verdict abolishing Article 377, which criminalises same-sex marriage. That was a historic day for the  LGBTQI+ community. The other judges on the panel were A.M. Khanwilkar, R.F. Nariman, D.Y. Chandrachud, and Indu Malhotra. The decision was accepted by all. The bench spoke about equal laws for all genders in the country. A segment of that law will still remain; non-consensual or consent obtained by force continues to be an offence, as will "carnal intercourse with children, animals and bestiality". In April 2014, a bench of the supreme court affirmed the legal rights of transgender people under Articles 14, 15, 19 and 21 of the Indian Constitution.

Ongoing cases - 

The Supreme Court of India recognised the legalisation of same-sex marriage in India as a 'seminal issue' in March. They also formed a constitutional bench of five judges to decide on the plea. 

Currently, a case about legalising same-sex marriage is going around in court. While different suits are filed to legalise same-sex marriage, on the other hand, the government has declared total opposition to this law. They have declared the concept of LGBTQI as an "Urban Elitist concept". They said that the law undermines the legal and social values of the country. 

The community has also argued from their side that calling it an elitist concept ignores the struggle of the people. They have also argued that there cannot be any discrimination on the basis of gender or sexual orientation. 

The government of India showed its LGBTQ population at 2.5 million in 2012, but according to recent estimates, the current population can be 10% of the entire population, which results in around 140 million people. 

Approximately 15 pleas, some by gay couples, have been filed in recent months asking the court to legalise same-sex marriage, which created a tussle between the government and the activists in front of the supreme court of India. The government has argued from their side that the verdict of 2018 doesn't recognise the fundamental right of same-sex marriage under the country's law. Even after five years of the supreme court abolishing Article 377, the transgender population lacks a lot of social rights compared to others. Their requests for an inheritance, adoption, divorce and property ownership have no legal recognition like the different genders. For example, the current laws of India only recognise one person of the same sex couple as a parent if one gave birth to a child or adopted as a single parent. On Thursday (20th April), the case entered into 3rd day and will have a verdict soon. 

But the optimistic side is that many same-sex marriages have taken place in India in recent times. Families have accepted those marriages. The acceptance of homosexuality has grown in the land of India.

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