Love Is Love: Four Mothers Open Up On SC Hearing Of Legalising Same-Sex Marriage In India

For the third day, the Supreme Court has been hearing multiple petitions to legalise same-sex marriages in the country. While the centre has been continuing to display dissatisfaction with the very debate of legalising same-sex marriages in the country, the supreme court forming a five-judge panel and hearing this issue itself is a progressive move.

The Supreme Court legalised same-sex relationships in 2018 by decriminalising Section 377. So, when same-sex couples have the right to live together and their relationship is not deemed illegal, shouldn’t they be given the right to get married as well? Given that they are not doing anything illegal, shouldn’t same-sex couples be able to enjoy all the privileges that a heterosexual couple is bestowed with?

Same-sex marriage is definitely not an elitist concept like the centre claims. Simply put any human being, regardless of their socioeconomic status, can belong to the LGBTQIA+ community because sexual orientation and gender identity are completely biological processes. Why is something as simple as that difficult for society to accept?

Besides, our culture is not alien to the concept of the LGBTQIA+ community. From Indian epics like Ramayana and Mahabharat to ancient texts and sculptures in temples, there are several proofs that same-sex union is not an unnatural or unacceptable concept. So, if there is anything that’s stopping us from legalising same-sex marriage, it’s internalised patriarchy, which needs to be smashed!

Mothers On Legalising Same Sex Marriage

Many women in their 30s are parenting young children who have a basic understanding of LGBTQIA+ community. The opinion of people in this age group matters, especially because most of them are raising the future generation, and their children are more likely to be a reflection of them. So, let’s hear what four mothers with young children have to say about the legalisation of same-sex marriage.

Deepshikha Chakravarti, a former executive editor of SheThePeople, said, "The Supreme Court's hearing is a step in the right direction. Two adults who have been given the right to vote, are required to pay taxes, and are part of every other democratic process are law-abiding citizens and should have a legal provision to be married. This enables them to buy property, bank accounts, and life insurance together and ensure their partner's rights as spouses. It will also enable them to adopt children and live their lives as a family. This is necessary for mainstreaming the LGBTQIA+ community, which has long been marginalised as the other."

"Marriage is nothing but the social institution that helps individuals come together and exercise all their social powers. I believe it should be given based on their relationship commitment and not on their sexual preferences. And I also believe that when it gets legalised, there will be more people who come forward to legalise their relationship in the form of marriage, irrespective of their sexual preference, which will make things normal in society. This will help them to enjoy basic human rights, especially the right to dignity, which is one of the basic fundamental rights as per the Indian constitution," said Muthal Venkatachalam, a social work scholar.

Subashini Sreeram, an IT professional, said, "Love is love, irrespective of sex. Regardless of gender, if a person finds a partner with whom they are compatible and wish to spend the rest of their lives together, they should be given the same rights and privileges that heterosexual couples enjoy. Marriage is a social construct, and it’s okay to stay in a live-in relationship. But when it comes to certain aspects like availing of inheritance, insurance, opening joint bank accounts, adoption, etc., marriage is needed. It’s unconstitutional to withhold their rights to avail themselves of these rights, citing that their sexual orientation and gender identity (their true selves) don’t comply with cultural and religious norms."

"Same-sex marriages must be legalised. It is high time India did that. If they could decriminalise sex between them, they can do this too. The recent hearings show that there is hope for LGBTQIA+ couples in India. They also have every right to lead normal lives like heterosexual couples. Sexual and gender preferences do not make them any less than the straight folks in society! So, cheering for them!", said Priya Rajendran, a writer.

Suggested Reading: Looking At Petitions For Same-Sex Marriage That Have Been Filed At Supreme Court

Views expressed by the author are their own