LGBT Community Rights

LGBT community rights

Homosexuality is part of human sexuality. The term "homosexual" has been used to describe romantic attraction, sexual behaviors, and self-identification of gay, lesbian, and bisexual people. Homosexual males are attracted to men, and homosexual females are attracted to women.

Solicitor General Verdict on same sex marriage

Solicitor General Tushar Mehta told the Delhi High Court, opposing a petition demanding marriage rights for the gay community under the Hindu Marriage Act 1955 that-

“Same-sex marriages are neither a part of “our culture” nor a part of the law. Our entire culture, ethos, traditions and religion are based on the assumption that a marriage can be entered into only between man and woman.”

History of same sex marriage in India

The History of same sex marriage in India is as old as Indian history itself. In ancient Greece, Hinduism and even in west, there have been cases of same sex marriages being confirmed legally.

Hindu scriptures define marriage as the union of ‘two souls’ and the same scriptures also define that a soul has no gender. It is only the human bodies that possess a gender.

These scriptures are a major source of Hindu Law including the Act. The Act merely codifies the Hindu law and doesn’t try to erode the values imbibed within the Holy Scriptures.

The 11th-century Sanskrit text, the Kathasaritsagara, provides the same explanation for cross-class and cross-caste couples who want to marry.

Difficulties faces by LGBT community

1. Legal recognition: There is still no legal recognition of same-sex marriages in India. We could see a first, though, as the National Legal Services Authority (Nalsa), is set to file a writ petition in the Delhi High Court, on behalf of 106 Hijras from across India, seeking recognition of their marriages. These Hijras have been married under Hijra community customs, which recognize same-sex marriages between transgender males and females through a religious ceremony called nikah halala. Recently, a PIL was filed in the High Court of Delhi seeking declaration to the marriage rights of the gay community under the Hindu Marriage Act, 1955.
2. Deprived in Rights: The lack of a legal structure around their relationship became increasingly stark when they tried to bring each other on as nominees in insurance and financial plans, just as a married couple would. Nor could they make decisions about things such as healthcare for their partners because marriage recognized by law, hospital visitation rights, new children, or inherit wealth upon death were not available to them.
3. Social Issue: One of the greatest difficulties faced by the LGBT community in India has to do with their relationships and children. The police and government are known to violently disrupt same-sex relationship ceremonies, often driving couples to suicide.
4. Racial Discrimination: The lesbian, gay, bisexual, transgender, or queer (LGBTQ) people often face the difficulties because they are not accepted by the society. They are continuously discriminated against on the grounds of their sexual orientation and gender identity. It is very common to find many people who are unable to understand the sense of living a different life cycle from what is accepted by others.

Way forward

The definition of marriage has changed over time. What used to be a relationship between a male and female is now a bond that can be formed by any two consenting adults. The beginning of the end for traditional marriage was when the definition expanded to include same-sex marriages.

Even though the lesbian, gay, bisexual and transgender (LGBT) community is growing in size, it is still facing several difficulties. These problems include denial of civil rights, violence in public places and hostility faced at home.

Countries around the world have legalized same-sex marriages. The world is heading towards progressive LGBTQ rights. Therefore, it is time to join the many democracies which recognize the right of a citizen to marry anyone she chooses. LGBTQ rights are a thing of the future. It is time for the nation to rally behind the LGBTQ community.