Challenges in Same-Sex Marriage

Same-sex marriage continues to be a subject of contention in many countries around the world, including India. The recognition and legal acceptance of same-sex marriages face several challenges due to diverse factors such as cultural norms, legal frameworks, and societal attitudes. 

The Indian government opposes same-sex marriage, claiming that it violates the holy and sacramental essence of marriage in India, which is centred on the union of a biological man and woman and is seen as an important cultural institution. 

This Constitution Bench, made up of Chief Justice DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha, and Hima Kohli, is now hearing a number of petitions asking that same-sex marriages be accepted as lawful in the country.

What is same-sex marriage ?

The majority of the world’s nations place varying restrictions on same-sex weddings, which are defined as partnerships between two people of the same gender, due to legal, religious, and cultural conventions. 

However, there has been a noticeable increase in the recognition and legalisation of same-sex unions in recent years. At this time, same-sex marriage will be legal in 34 countries, including Andorra, as of 2023. 

1.35 billion people, or almost 17% of the world’s population, are included in this momentous milestone.

Legal Hurdles

The legalisation of same-sex marriages faces significant legal hurdles in many jurisdictions, including India. Existing laws often define marriage as a union between a man and a woman, making it necessary to amend legislation to accommodate same-sex couples. 

Absence of Civil Rights Protection

While the decriminalisation of homosexuality in 2018 was a landmark ruling by the Indian Supreme Court, it did not explicitly address civil rights, including marriage, inheritance, and adoption for the LGBTQ+ community. 

The lack of clear direction from the judiciary on these matters leaves same-sex couples without guaranteed legal protections.

Cultural and Religious Attitudes

Cultural and religious considerations often influence societal perceptions of marriage, making it difficult to shift traditional paradigms. Overcoming these challenges requires extensive education, dialogue, and advocacy to foster inclusivity and promote understanding across communities.

Lack of Political Will

This lack of political will can impede progress in the recognition of same-sex marriages. Advocacy efforts aimed at increasing awareness, changing societal attitudes, and fostering political support are essential to drive meaningful legislative changes.

Social Stigma and Discrimination

Despite efforts to promote LGBTQ+ rights, social stigma and discrimination persist in many societies, including India. Prejudice and discriminatory practices directed towards the LGBTQ+ community create barriers to the legalisation of same-sex marriages. 

Public Opinion and Awareness

Public opinion plays a crucial role in shaping policy decisions, and resistance from those who oppose same-sex marriages can pose challenges for lawmakers. 

While attitudes towards LGBTQ+ rights have been evolving in India, there is still a significant portion of the population that does not support same-sex marriages. 

summary

Legalising same-sex marriages involves navigating a complex landscape of legal, cultural, political, and societal challenges. Overcoming these obstacles requires a comprehensive approach that involves legislative amendments, awareness campaigns, advocacy, and dialogue. 

Societies may develop an environment that respects and maintains the rights of LGBTQ+ people through resolving legal obstacles, confronting cultural and religious prejudices, fostering political will, combating social stigma, and increasing public knowledge.