In 2018, the highest court in India ruled unanimously that Section 377 was unconstitutional. It was a historic judgement made by the five-judge constitution bench of the Supreme Court. However, we need more conversations, and it appears there is still a long way to go when talking about social acceptance, the rights and privileges of the LGBTQ+ community. On February 25, 2021, the Centre told the Delhi High Court that there is no fundamental right to seek recognition for same-sex marriage despite the decriminalisation of homosexuality under Section 377 of the Indian Penal Code (IPC). The remarks have gone viral, and netizens trend #SameSexMarriage on Twitter demanding an acceptance of gay marriages.
According to reports, the Centre opposed petitions that sought recognition of same-sex marriages. Noting the legal recognition of same sex unions, the centre was quoted saying, “In India marriage is not just a matter of union of two individuals but a solemn institution between a biological man and a biological woman... Despite the decriminalisation of section 377 of the Indian Penal Code, the petitioners (Mitra and others) cannot claim a fundamental right for same-sex marriage being recognised under the laws of the country.”
The country may have decriminalised section 377, but it is reluctant to legitimise same-sex marriages. The centre further informed the court that registration of marriage of homosexual couples would also violate the existing personal as well as codified law provisions. Social media users have been irked by the remarks. While many came forward with their own stories and attempted to convey the necessity for legalisation, others appeared to be furious over the perception of an “Indian family unit.”
See Tweet from Bar & Bench:
#Breaking: Centre tells Delhi High Court that in spite of decriminalisation homosexuality, one cannot claim a fundamental right with respect to same-sex marriage.
Centre says issue of legal recognition of #SameSexMarriage can't be decided by court.
— Bar & Bench (@barandbench) February 25, 2021
Netizens Trend #LoveIsLove
Im sorry... I can't see any difference here.
— Alex ~ (he/she/they) (@dae_lowkey) February 25, 2021
They Demand Legalisation of Same-Sex Marriages:
according to the hindu history and mythology homosexuality has never been a ‘sin’ as some of you view it and the hindu scriptures have never specified that a marriage has to be between a ‘biological man and woman’, so fuck your damn rules. pic.twitter.com/O06Rq8qIqu
— Rajesh (@Rajesh44599033) February 25, 2021
Some Share Personal Story
Being a parent of someone who belongs to LGBTQ doesn't make you failed as a parent, But not accepting them makes you failed as a parent. Support them, support LGBTQ as supporting your children if they're right is a duty of a parent#SameSexMarriage #LGBTQ pic.twitter.com/FDDgN9Xgp5
— limitless (@limitless_2000) February 25, 2021
Others On the Institution of Marriage
tw // homophobia
Two strangers who don't even know or like each other getting married is okay and them having sex just for kids without being sexually attracted to each other is okay. But two people of the same sex who're in love getting married is not okay. #samesexmarriage https://t.co/Z0HMi7g6vE
— Posh 🌈 (@oceansnewhoax) February 25, 2021
Marriage Between Souls
The last time I checked, Marriages in indian culture was said to be between 2 souls. When did it become exclusive for 'biological man and biological woman'?#SameSexMarriage
— Suhani⁷ (@joonie_dimples_) February 25, 2021
The petitioners are seeking legalisation of same-sex marriage under the Hindu Marriage Act (HMA), Special Marriage Act (SMA) and Foreign Marriage Act (FMA).
(The above story first appeared on LatestLY on Feb 26, 2021 02:06 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).