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Should same sex marriage be Legalised?

Ladies and gentlemen,

We all know that society evolves and becomes more accepting of diversity, it is crucial that we
also evolve our laws and policies to reflect this. I stand firmly in favour of legalising same sex
marriage, and I will present to you why this is important, not just for the LGBTQ+ community,
but for our entire society as a whole.

First and foremost, let me begin by stating that the right to marry is a fundamental human right.
United Nations Human Rights Committee stated that "The right to marry and to found a family is
protected under Article 23 of the Indian Constitution, which states that "no person shall be
compelled to marry against his will." This constitutional right applies to all individuals,
regardless of their sexual orientation or gender identity. Furthermore, the Indian judiciary has
also recognized the right to love and form consensual relationships as a fundamental right.
Moreover, in 2018, the Naz Foundation and Navtej Singh Johar cases, Section 377 have been
held unconstitutional and violated the right to equality and privacy.
The arguments which are presented against same sex marriage includes that it affects traditional
and religious beliefs, it could have negative consequences for society. Some people may also
argue that children need both a mother and a father in order to be raised in a healthy and well-
rounded environment and that same-sex parents are not capable of providing that. But all these
arguments are often based on personal beliefs and opinions, and not on scientific evidence. Many
studies have shown that children of same-sex parents fare just as well as children of opposite-sex
parents in terms of their psychological, emotional, and social well-being. 1 It's also important to
note that denying same-sex couples the right to marry is a form of discrimination and can have
real-life negative consequences on their lives, including denial of legal rights, benefits and
protection.

1
Medical Journal of Australia published a review of three decades of peer-reviewed research that concluded the
emotional, social and educational well-being of children raised by gay and lesbian parents was equal to their peers
raised by heterosexual parents.
https://theswaddle.com/
21,103 children aged 4-17 years, found children of same-sex parents did not differ from children of heterosexual
parents in terms of emotional and mental health difficulties, as assessed by parental questionnaires.
National Health Interview Survey
According to a report by the Williams Institute, legalising same sex marriage would lead to
significant benefits for the LGBTQ+ community, it would reduce the rates of mental health
issues, such as depression and anxiety, and improve overall well-being, provides legal protection
for same sex couples, such as inheritance rights and access to healthcare benefits. Moreover,
legalising same sex marriage would also lead to an increase in adoption, which would provide
loving homes for children in need.
However, despite this progress, same sex couples in India are still not allowed to marry, and are
denied the legal protections and benefits that come with marriage. This is a clear violation of
their human rights and is discriminatory towards the LGBTQ+ community.

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