Same Sex law  

Figure 1: No Copyright Infringement Intended

Context:

• A recent advisory from the National Medical Commission (NMC) emphasising the need to avoid derogatory references to the LGBTQIA+ community in medical textbooks or teaching methods has underscored the value of institutional awareness on issues concerning queer and trans people. 

Arguments in favour of Same sex:

• “Homosexuality” is unnatural therefore homosexuals ought not to be permitted to enter the natural institution of marriage.
• Marriage is unique in the sense that it was created by God for the procreationand raising of children by a mother and father. Homosexual can't procreate.
• Same-sex marriage ruins the sanctity of marriage.
• The right to marry is fundamental but the right to marry someone of the same sex is not. Before a fundamental right can be recognized, a “deeply rooted tradition” must be found. Homosexuality is not a deeply rooted tradition.
• The legislature, not the courts should decide how to make profound social changes.
• Marriage is to encourage stable relationships because people in them are more likely to contribute to a stable society.
• Legalizing same-sex marriage could lead to the acceptance of polygamy and incest.
• Indian law authorises marriages only between men and women.

Counter Arguments:

• Homosexuality, or what is called homosexuality, demonstrably exists in nature, and whatever exists in nature is natural. We humans exist in nature, homosexuality is therefore not unnatural.
• The traditional family structure already in many cases subject to family violence, divorce, substance abuse, etc
• Not allowing same-sex marriage penalize children by depriving them of state benefits because the state disapproves of their parents’ sexual orientation? Research shows that children adopted by gay parents thrive as well as other children.
• Why are people who are unable to reproduce allowed to marry? Why aren’t marriages that fail to generate offspring cancelled after a set time?
• same-sex marriage may ruin the religious standard of marriage. However, the fact of the matter is that homosexuals want marriage in the purely legal form and religions do not have to approve of this.
• Courts have recognized that rights can be fundamental even if they were traditionally considered immoral or even criminal, as long as they have become “implicit in the concept of ordered liberty”.

Section 377:

• Section 377 refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

Way Forward:

• Society is continuously moving forward. Supreme court has already struck down section 377 of Indian Penal Code thus recognizing the homosexuality.
• Courts and legislatures have to work together. Same-sex couples deserve a full range of marriage options.
• Every constitution allows for the realization of the full potential of an individual. Allowing same-sex marriage will provide dignity to the people.