GAY MARRIAGE AND ITS POSSIBILITIES IN INDIA

Gay Marriage or Same-Sex Marriage is a marriage between two persons of the same biological sex. There
are many people in the world who are attracted towards the same sex and want to spend their whole life with them
through the process which we called as Marriage. Generally this is not permitted by our so called Civilized
Society and so there is a huge need to get it recognized or backed by legal force. As of 19 August 2013, Fifteen
countries- Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, Netherland, New Zealand, Norway,
Portugal, South Africa, Sweden, Uruguay and several Parts of Mexico and United States allows same-sex couples
to marry.
It is not a new concept, in fact its traces can be found back in the Roman period where at least two of the
Roman Emperors were in same-sex unions; and thirteen out of the first fourteen Roman Emperors held to be
bisexual or homosexual. The First Roman Emperor to have married a man was Nero, who is reported to have
married two other men on different occasions but these cannot continue for a long time, when Christianity became
the official religion of the Roman Empire a law was issued by the Christian emperors prohibiting same-sex
marriage and even ordered that those who were so married were to be executed.
According to many, it is a matter of choice, their rights, and equality. For Lesbian and feminists, Institution
of Marriage between opposite sex was criticizes as this offer men a better, longer, healthier life with greater
freedom and more power while it has the opposite effect on women, limiting, impoverishing and in many cases
providing a context which is vulnerable to violence and abuse. This institution symbolizes male supremacy and
female subordination. The Second wave of feminism which give women the power to challenge the patriarchal
society concluding equality to women and deny men any power or pleasure from women body. Backed by
Political and Legal rights Women dubbed themselves as Lesbian feminist, their main aim was not sexual desire
but this bring independence from men and their male centered culture. Marriage in the same sex between women
brings in them a feeling of independence, confidence and completeness.
Netherland was the first country to legalized same sex marriage in 2001 yet Denmark was the first Country
to legally recognize Same-Sex couples through registered partnership in 1989 and in 2012 the Parliament of
Denmark legalized the same sex marriage. In United Kingdom (England and Island of Wales) the marriage (samesex) Bill was passed in both the Houses with Royal assent on 17th July 2013. US President Barack Obama, who
once thought that Marriage can be only between a man and a woman, has now backed civil unions for gay and
lesbian couples. France has also passed this Bill very recently.
Australia bans the recognition of same-sex Marriage but in June 2013, Prime Minister Kevin Rudd made it
clear that he was proud to be first ever Australian Prime Minister to support gay marriage. In china same sex
marriage is totally opposed and Marriage their explicitly means as Union of one Man and women. In India also
same sex marriage is not backed by legal force, though since 2009 Homosexual intercourse was made
decriminalized.

In India, Marriage since ancient times is considered as a very sacred Institution. Homosexuality and Same
Sex Marriage is considered as a taboo in Indian society. These are unaccepted in Indian society because they
considered Marriage of a Man and Women is a pure form and women should always be considered as a Second
Sex and without a Man his life is incomplete and this is the result of the ancient Patriarchal society where Men
have set their minds as they are the Head of the family and Women should always be abide by the rules of his
Stridharma in which they have to considered their Husband as Pati Parmeshwar or God. This is the primary
reason why Indian society is against Same-Sex Marriage because they have the fear that this types of Marriage
can give a great challenge to the Patriarchal society, a set back to their Custom, Tradition, Culture etc. These
Marriages in Same-Sex still continues to be a shame in Indian society, and even before 2009 the Homosexual are
branded as Criminals by Archaic act of IPC. In 2009, Delhi High Court passed a judgment on a petition filed by
Naz foundation decriminalizing homosexual act between two consenting adults but this story does not end here.
If we look close towards this Judgment it gives only legal recognition, Society still behaves in the same manner
towards lesbians and Gay as if they are committing a crime for which they are not forgiven. And this is just one
step. Legalizing same Sex Marriage In India is a dream, which will come true or not, whether no one knows? But
with the Increasing Demand of education, many youth got influenced by western Education and especially Girls
who aim to challenge the Patriarchal Society, decided not to Marry as Same Sex marriage is illegal in India.
Apart from Gay the condition of Transgender (Third Sex) in India is very miserable. They have to work as
Sex-Worker for their income because Government is not able to provide adequate condition of employment for
them. Their health condition, living condition is very bad. You can find them everywhere in India with full makeup in trains collecting money etc. Every time while filling a form you find an option Gender- You have to fill it
with M or F, but ever anyone thought that what these Transgender will do while filling the form? This shows
that they face problem since the very beginning when they came to know that they are not like the common
people.
Our Main topic is whether India can legalize the LGBT (Lesbian, Gay, Bisexual, Transgender rights). India
is a country where even marrying in same Gotra is not permitted. If this type of case occurs the girl and the boy
both are killed in the name of honor. To save the honor of the family the family members even kill their own
children with their own hand. Large number of cases can be found in Punjab, Haryana, Uttar Pradesh and small
amount of traces are found in every part of India. India is a country where Marriages are occurred in the same
caste, If a girl want to marry a boy of Lower caste, it is not permitted by society resulting death (Recent case of
Ilavarsan can be considered). And it is the irony of life when someone says that Marriages are made in heaven.
This society forces us to think that even after 67 years of Independence where we have moved- forward or
backward. A society where after attaining the age of 18 every citizen of India can take its own decision and
Government is there to protect its rights, inspite of having these facilities if a common person cannot enjoy his
rights, in that society in my opinion Legalizing of Gay Marriage is a far dream which is unachievable. If ever it
will become legal, then also it will become like all other acts which is just written in the Constitution. Accepting
by society is the main aim and giving them social recognition which include giving them same facilities as a
common couple enjoy, adaptation of child, care and schooling of that child etc.

As the five fingers of a hand are not equal but inspite of a lot of differences they are a part of hand so also
Human beings. Everyone has different taste, want to lead a different life-style but they are all part of society.
What is there so worthy if anyone generate a feeling of attraction towards the same-sex, want to spend its whole
life with each other. People says that they have changed with the time From telegram to E-mail they changed
accordingly, they acquire the dress material, food habits, pop music of the western culture and considered
themselves as Modern but the real thing which is required to change to be a Modern is the mindset.
Society says that this Gay Marriage goes against our religion, and their religion says Marriages are made in
Heaven.
PAYAL AGARWAL