Centre's Opposition To Same-Sex Marriage: A Probable Regression Of Nari Shakti

Centre's opposition to same-sex marriage was filed as a response to petitioners seeking to move the court for same-sex marriage. One of the petitioners is a long-standing gay couple who saw each other for approximately ten years before deciding to tie the knot. However, even after tying the knot, they do not enjoy the same marital advantages as other heterosexual married couples. 

The Centre made its decision known on the 12th of March. The Supreme Court is expected to hear the plea for same-sex marriage on the 18th of April.

Centre's Opposition To Same-Sex Marriage

The Centre's opposition to same-sex marriage declared its inability to give the same status to same-sex marriages that heterosexual marriages have in India. 

The Centre held that even though homosexuality has been decriminalised, marriage between same-sex couples could not be a replica of a heterosexual family unit established by wedlock. This is because marriages comprise a biological man, who goes on to be a husband and father, and a biological woman who is the wife and mother. The biological man and biological woman are married to each other and bring up their biological child born out of wedlock. 

The reluctance to allow same-sex marriages may perhaps have something to do with the shame associated with homosexuality for decades in India. However, homosexuality was not always a crime, our scriptures like Mahabharata, and carvings at the Khajuraho temple depicting erotic homosexual art are evidence of it. Even though section 377 (homosexuality) has been decriminalised there is an unwillingness to give same-sex couples the same legal recognition that heterosexual couples enjoy. So does this make sense- decriminalising homosexuality, but not legalising their relationships?

LGBTQ+ couples today are free to live with their spouses and form associations as they like as enlisted in Article 19 of the Constitution. However, not being granted the same marital recognition that heterosexual couples enjoy is violative of the community's fundamental right. Article 14 of the Indian Constitution states that all are equal before the law. But how can equality for LGBTQ+ persons be sought if they face discrimination on the grounds of marriage? 

The Centre's opposition to same-sex marriage is also violative of Article 21. Article 21, a fundamental right of every Indian citizen, allows them the right to a dignified life. The community cannot claim a dignified life when they are being discriminated against and denied the same rights to matrimony as their heterosexual compatriots. 

Suggested Reading- Centre Oppose Recognition Of Same-Sex Marriage: Is It Fair?

Centre's Stand Is Probable Regression Of Nari Shakti

On the 11th of March,  a day before the same-sexuality plea was opposed, the government of India held its fourth Y20 meeting to discuss gender sensitisation. The panellists in this meeting proposed that gender transformative education be introduced in the school curriculum and asked for the amelioration of gender policies. The theme of India's G20 Presidency this year is Nari Shakti with a promise of women-led development. 

How can India's goal of Nari Shakti and women-led development be realised with the State still controlling who should an individual marry? For instance, a woman in a romantic relationship with another woman is valid, but marriage with the same is not. This is discriminative and takes away the agency of women. What is the use of improvement in gender policies, if the core- autonomy is not recognised.  For ages, women have married inanimate objects like trees because they have been perceived as unlucky for their husbands. Such practices don't bother Centre, but non-binary marriages give them a hiccup.

As is the spirit of a constitutionally declared democracy, people should be given the liberty to make their own choices. Unfortunately, this is not a liberty that all Indian individuals enjoy. Marriage is one part of it, a task as plain as the recognition of different genders has not yet been established. Documents still have limited options available for the declaration of one's gender. Additionally, documents still use the words 'sex' and 'gender' interchangeably when they are not the same. What gender-transformative education or women-led development we are talking about? 

The need for the legalisation of same-sex marriage lacks awareness around it. Efforts need to be made towards a gender-sensitive upbringing. Gestures as small as an inclusive narrative of 'The Princess and the Princess lived happily ever after' might go a long way to break the stigma around same-sex marriages. 

The views expressed are the author's own.