Recently, the Uttar Pradesh government revealed its stand on same-sex marriage in front of the Allahabad High Court. According to them, such relationships are considered 'against' our culture and various other religions that co-exist in India. Their views were submitted to the judicial bench during a case involving two girls in a homosexual relationship.
The Additional Government Advocates (AGA) stood their ground vehemently and stated that the marriage's recognition would go against the 'sanskara'. Also, they quoted that the presence of a man and a woman is necessary for 16 of such Indian rituals. If any of them is absent, the marriage will not be accepted as both parties have a 'definitive role'.
Appeal For Recognising Their Marriage
According to The New Indian Express, Anju Devi filed a petition for her daughter, who was in a relationship with another girl. She implored the High Court to ensure her daughter's custody as she was 'illegally detained' by a 22-year-old woman. On April 6, 2022, the court summoned the girls, and they appeared the next day on April 7, where they stated that they were in love and wanted to live together.
Being adults, the girls entered into a homosexual marriage with mutual consent. They presented the contract for the judge's perusal and argued that the country's apex court has decriminalised homosexuality and allows consensual sex amongst all adults, irrespective of their gender. Not only that, but they also scrutinised the Hindu Marriage Act, claiming that the legislation enables marriage between two consenting adults and it does not oppose same-sex couples.
'Against Our Culture'
It has been four years since Section 377 was officially decriminalised. India now recognises same-sex relationships, giving respect and dignity to the members of the LGBTQIA+ community as they rightfully deserve. Despite the progress, there is still an unfortunate stigma around such dynamics. While the country has legalised such relationships, it is yet to give the green light to same-sex marriages.
However, it is easier said than done. The deep-rooted stereotype against them is tough to get rid of. The UP government's response to the petition is one such example. The AGAs represented the view that India cannot allow same-sex marriages as it goes 'against' our culture. As reported by Live Law, they specified that the Hindu Marriage Age accepts only the marriage between a man and a woman. The absence of any in the same goes against the Indian family dynamics. Also, they want to state that religions like Islam, Buddhism and Jainism do not accept this either.
"As per the Indian law and culture, a biological husband and wife have are essential for marriage, and only their marriage has been recognised. In their absence, homosexual marriage cannot be recognised as it lacks male and female and neither can they produce children. Marriage is considered important in Hindu law, under which both men and women live together and carry forward the human chain by producing children," said the government advocates.
In all, decriminalising Section 377 is not the conclusion. More needs to be done for the upliftment of the LGBTQIA+ community in India. From marriages to adopting children, they have to go through several hardships to live a dignified life.