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  • Ishita Pathak

Same Sex Marriage- Megha Mishra

ABSTRACT

With the advancement in society what we expect is modernization, we believe that everything should change including our laws. We all are human beings with emotional feelings and it can’t be controlled, we should take the point in consideration that having feeling for a same-gender person is not a problem or a disease it’s natural and you can’t change what you feel and for whom you feel. We are part of the society where if a girl and boy seen together become an object able question for people then understanding the situation for the people who belong to the LGBTQ community is much worse. We have taken several steps towards it and hope that it could make an evident change in the society.


INTRODUCTION

Every country eventually had a lot of problems in accepting same-sex relationships, so that our country moreover we belong to a country where these things are regarded as unethical and against the religion. Section 377 was decriminalized in India in 2018 but we all know all these things prevail from older times. Section 377 enlighten us by saying that such acts are “unnatural offenses” and to make such offenses a natural act we obviously need time.

1. The PIL was filed in front of the Supreme Court on Tuesday to the five-judge bench also having our ex-chief justice of India Mr Dipak Misra. He heard the pleadings from various stakeholders including the gay rights activists.

2. What is section 377 it refers to the unnatural offences and refer to those who are involved in carnal activities with a man, woman or an animal, they shall be imprisoned for life or for a term not less than 10 years with fine.

3. A lot of difficulties were faced by the court to take a decision that can be favoured to all. Some people were against it because of the unethical value, some because it was regarded as unnatural and the left ones saying that it also have the chance to increase the child abuse. The point that should be bring into notice that only the sexual act and the relationship has been decriminalized but it’s still cage under many boundaries.

4. Section 377 also regarded oral and anal sex in private as natural.

SAME SEX MARRIAGE: HUMAN RIGHTS PERCEPTION

According to the paper that was presented by Human Rights Watch said that same sex marriages are not equal committed in nature which may be devastating in the light that partner may be denied of his or her legal right created in a natural marriage The government has committed to equality cannot legitimately reserve certain areas of the civil life which exist in the society among the already existing society. The paper made reference to the case of Nicholas Toonen v. Australia were the U.N. Human Rights Committee which observes compliance and adjudicates violations under the International Covenant on Civil Rights, found that laws punishing consensual, adult homosexual conduct violates protection against discrimination in the IC on covenant and political rights. Though Government guarantees protection, equal rights and equal distribution of property when marriages end.

This is a clear precedent of government that they can mark the marriages as legal and provide the equal opportunities to the people following such practices which do not harm any other individual in any other further way. Other civil marriages, same sex marriages may not have religious blessings because the civil marriages have diverged from the religious aspects of the society.

I believe that, to this point, it is clear that sex is not and should not be construed to mean sexual orientation. This article is clear and unambiguous, that talk about protecting persons protection against discrimination based on SEX, among other things and not Sexual Orientation. It is obvious that the issue is not covered by Human Rights instruments. It does not matter whether or not some organ decides to expand the word sex to include sexual orientation.

This has been meaning under the English Common law since time immemorial. It has been taken into legal and social unions between a man and a woman that is regulated by laws, rules, customs, beliefs and attitudes that prescribe the rights and duties of the partners and accords status to their offspring.


MISCONCEPTIONS ABOUT SAME SEX RELATIONSHIP OR MARRIAGE?

The concept of same sex marriages or relationship is misjudged in many ways, men who are involved in gay relationships become the target of the society and people start judging their masculinity. Does our sexual preferences makes us more or less feminine or masculine? In Indian society if the parents get to know about the sexual orientation of their one of the family member then they are forced to do change their preferences or forced to be involved in such cruel practices which are superstitious in nature. Our society should understand that this is biological and default in a person and these preferences can’t be changed by external forces. We live in a society where we have to become ‘society fit’ to continue a peaceful relationship.

People also discourage this relationship because they can’t be resulted into procreation of children, and according to the laws and prescribed sections or our philosophers have suggested that marriage is a sacramental form of contract which is done by the two individuals involving their families so that they can enlarge their community followed by procreation of children. The families who supported their children at initial stage for such relationships also lose hope when they realise that their children do not have a stable future.

The couples also don’t have any laws which can be used by them in favour of their community. Moreover these couples are not allowed to be parents even after decriminalization of section 377.

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Major Findings

There were certain observations that were made that are as followed:-

1. The homosexuals live in a procreated space created by themselves.

2. People with homosexual orientation suffers from psychological defects and invalid judgement.

3. Homosexual people lack from self-confidence and feel insecure.

4. Indian society is homophobic.

5. People hold both positive and negative opinions about homosexual society.


CONCLUSION

To conclude, it may be said that the research focused on the same sex relationships focusing on their socio- economic status in the society proving certain cases and the statements that is considerable enough. The research endeavoured to peep into their personality traits to find out any angularities or variations from other segments of society. It studied their life style and leisure patterns to have a better understanding of the homosexuals as well as to bring out any deviations. The research encompassed the human rights perspective as well as the legal status of homosexuals. At present, the whole situation is in a flux moving towards dwindling opposition, more acceptance and assertive nature of gay initiatives.

According to me the homosexual people should be given same constitutional rights as that of a normal human being citizen of India without any cause of discrimination from the others. Such making the act natural in nature doesn’t help the community much, its basic need of hour that equal marriage rights should be given to the people and should be treated with the same dignity and should not be called as untouchable or the garbage of the society. The people who supports Hinduism should understand that these things are not made up these are natural and they have not been created to insult any religion or to put people in disguise for any religion. The community have suffered a lot till now, it’s enough now it is time to create and see a change in the society.


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