Legal experts have contended that denying same-sex weddings legal recognition breaches the basic rights enshrined in the Indian Constitution, such as Articles 14, 15, 19, and 21 of the Constitution. As being the most significant in this regard, they list the NALSA ruling (2014), the Puttaswamy judgement (2017), and the Navtej Singh Johar judgement (2018).
Source: NDTV.comAlthough there is a compelling constitutional basis for marital equality, socio-cultural acceptance is also crucial.
Contrary to popular belief, those who oppose marriage equality believe that marriage has not evolved through time. Inter-caste, same-gotra, and inter-religious marriages have all posed a challenge to conventional ideas of marriage at some point, despite being both legally and socially acceptable.
Together with the fundamental human right of being able to get married and start a family without facing any prejudice, LGBTQ+ people need to have access to all of these rights. As shown in the West, where recognition and equal rights have resulted in increasing social acceptance of the LGBTQ+ group, marriage equality is likewise likely to improve acceptance of the LGBTQ+ community.
Source: Bloomberg Television Asian nations have also been debating LGBTQ+ issues including marriage equality, with Taiwan becoming the region’s first to do so in 2019. The legalisation of same-sex marriage and civil unions is now being debated in Thailand, Japan, and the Philippines. In India, the decriminalisation of homosexuality in 2018 was welcomed with few notable protests, and viewers have shown a supportive attitude towards a number of prominent movies featuring LGBTQ+ people or stories.
Moving towards marriage equality is supported by a number of legal, financial, moral, and humanitarian considerations. But, the rationale for same-sex marriage’s legalisation in India should be obvious: it is the State’s constitutional duty and society’s duty as a civilised people to guarantee that a sizeable portion of its inhabitants live in dignity.
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