Same-sex marriage is the legal union between two people of the same gender.
The mental dogma surrounding same-sex marriage leads to depression and thereby suicide by the members of the LGBTQ community. A study conducted across the United States revealed that the establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among children, with the effect being concentrated among children of a minority sexual orientation, resulting in about 1,34,000 fewer children attempting suicide each year in the United States.
Rajashree Raju, a board member of Queerala an LGBTQ organization Kerala observes a great improvement in public attitude since the historic judgment of Section 377. He exclaims that the channels and platforms for queer activists have doubled since the judgment. This shows how society is ready to accept the LGBTQ community and how legalization leads to change in the perception of society.
From emotional stability to equality, the concept of same-sex marriage will work as the foundation for the recognition and dignity of the members of the LGBTQ community.
Article 14 of the Indian Constitution declares that the state shall not deny to any person equality before the law or equal protection of law within the territory of India. The discrimination that the members of the LGBTQ community face, when they are not allowed to marry, is also against Article 15 of the constitution. The same has been the view of the honourable Supreme Court in National Legal Services Authority v UOI.
Not recognizing same-sex marriage is an attack on a person’s right to choose a life partner under article 21 of the Indian constitution which talks about protection of life and personal liberty.
In Shakti Vahini v. U.O.I, former CJI Deepak Mishra held that any kind of torture that tantamount to atrophy of choice relating to an individual in love and marriage by any assembly is illegal and cannot be allowed a moment it exists.
Certain legal benefits such as succession, maintenance, and pension rights that are available to married couples are not available to same-sex couples. Economic benefits from laws like the Employment Provident Fund Scheme, 1952 and Workmen’s Compensation Act, 1923 are given only to those related by blood or marriage.
The concept of same-sex marriage is not new to the world. It is present in all the major religions of our country. From Agni- god of fire in Hindus to Homoerotic themes of poetry in Muslims, each proves the existence of same-sex couples in an implied manner.
A recent study of sexual practices in rural India by the United Nations Population Fund (UNFPA) found that `male-to-male sex is not uncommon. In fact, a higher percentage of men in the study reported having male-to-male sex than sex with sex workers.
The legalization of same-sex marriage will give confidence to the community members to choose their life partners on their own terms. Currently, the situation is such that these people who love the same gender are not allowed to live with them like spouses and are forced to hide from society
