Same sex marriage is no more a new term for any of us, right? In 2018, the Supreme Court of India struck down section 377, the colonial law that had made homosexuality a criminal offense. So, this is just the beginning of a whole new aspect of human gender recognition.
Facts on Same Sex Marriage
To start with the Pride month is a reminder that the Pride community has come a long way and still needs to work on this.
On November 25, the Supreme Court of India, led by Chief Justice D.Y Chandrachud, issued a notice to the central government regarding the legalization of homosexual marriage in the country, petitioned by a gay couple from Telangana. The Supreme Court has given four weeks to the government to decide on the mentioned issue. The couple has requested the solemnization of same-sex marriage under the Special Marriage Act 1954.
The petitioners Supriyo Chakraborty and Abhay Dange organized a promising ceremony where they had a big, fat Indian wedding. Surprisingly, their parents were the organizers of the wedding. However, the couple’s wedding didn’t change their relationship status. As same-sex marriage is illegal in India, Supriyo and Abhay say they feel ‘incomplete.’ They still have to fill in all the government forms by mentioning their relationship status as single.
Because of the lack of legal recognition, homosexual couples face various challenges in the country. Even if they marry by choice, they have several limitations. According to the petitioners, barring them from their choice of marriage is against the right to equality.
Will India legalize the same sex marriage?
To give a quick idea on this – India still refuses to allow same sex marriage. This is a strong statement of the Indian law and order and the announcement is passed with effect as of now. Therefore, in no way can India allow any type of marriage between people of the same sex. Whether this is a legal partnership of two individuals or more, the stand of the Indian government remains the same.
Same sex marriage: Meet Supriyo Chakraborty and Abhay Dange
Just as the rainbow comes out after the storm, Supriyo Chakraborty and Abhay Dange found calm in each other and became the first Telangana gay couple to tie the knot.
Supriyo and Abhay held a promising ceremony in November; surprisingly, their parents were the organizers of the ceremony. They found each other through a dating app and have been together since 2012. In November 2022, the couple decided to hold a promising ceremony and celebrate their love with family and friends. They had a big, fat Indian wedding and had all kinds of ceremonies, like Haldi, Mehndi, Sangeet, and whatnot.
Sofiya David, a representative of the pride community, officiated the ceremony. Supriyo, on his Instagram, shared their story through a series of comics. These comics are delightful to watch; they tell their story from their first date to their promising ceremony.
Laws that are Illegal for the Pride Community
In 1954, the Supreme Court of India introduced the Special Marriage Act to legalize interfaith marital unions. Today, petitioners are demanding to consider the legalization of homosexual marriages under the Special Marriage Act. Though homosexuality is recognized in the country, the community still faces inequality regarding various vital factors, such as Indian law does not provide civil union to the community also, and they are not allowed to have children through surrogacy.
The LGBTQ community cannot inherit property. Neither can they be a part of their partners’ names on insurance and other official documents. As a couple, they cannot raise a child together. Nonetheless, if they want to adopt a child, they can apply to the central adoption review authority as a single parent only.
The petitioners say that although they conduct wedding ceremonies; they are not allowed to have a legal union. Unlike heterosexual couples, they won’t have the court’s support regarding property division, child custody, and more after separation. They demand to be considered ordinary, protesting for legal equality without discrimination.
Although in 2018 the Supreme Court legalized homosexuality in India, the community still faces stigma and discrimination in society. Hitherto 33 countries in the world have accepted homosexual marriage and civil union.
Queer identities and homosexuality earn recognition among Indian than ever before. However, freedom to openly express their choice is still a struggle for the LGBTQ+ community, especially in their own home. Because of the rise in using social media, awareness about LGBTQ rights and the struggles the community faces is news to the public.
The LGBTQ+ community in India deserves everything an ordinary Indian deserves. Yes, they deserve equal human rights and representation.
“The world could use more love. Why deny it to others?”–Da Shanne Stokes
