Strangers in Law

Dear Society,

Kya Kabhi tumhne kisi se pyaar kiya? Mene bhi kiya.

I have liked my neighbour’s son and my class teacher’s daughter, but the thing to be noted is that uptil 2018, even the act of liking same sex was a crime.

As every human I have also dreamt of my soulmate and get excited at the thought of spending my life with them in happiness and in health, but the legal framework of Indian crushes my dreams. In light of recent court’s extension for the centre to hear the pleas seeking recognition for same sex marriage, here are the major points that the court should look over and not miss.

1. Domestic Violence Act

A ripple effect, if the court agrees to same sex marriages then acts such as the domestic violence act should also be amended to gender neturality.

This act is designed in such a deliberate, workable way and such that it can be easily fought for, one must ask: Who will benefit from this? Who will manipulate this? And most importantly, who will be negatively impacted by this? Will it leave room for the perpetrator to victimise themselves? A law isn’t meant to look good on paper,it is meant to be put to use. Any amendment to such an act should be deeply thought about, making sure not to leave any stone unturned.

2. Multiple marriage acts and pleas.

Currently there are three separate pleas, including two couples, seeking that same-sex marriage be recognised by law (according to the hindu).

The petitioners have asked for recognition of same sex marriages under the Hindu Marriage Act (HMA),Special Marriage Act (SMA) and Foreign Marriage Act (FMA). The government is holding back saying that marriage between same sex couples was "not permissible" as it was not recognised by "our laws, legal system, society and our values". Both of the parties are right in their own ways, for change doesn’t happen overnight and is tough, but change is the law of life, and those who look only to the past and present are certain to miss the future.

3. Is the Indian Society ready?

No, at least until gender and sexual orientation discrimination are outlawed.

Even after the supreme court struck it down in 2018, many LGBTQ+ Indians find it difficult to come out and find acceptance in their traditional families.Violence, especially against individuals who identify as transgender, is rampant. Many LGBTQ+ people endure discrimination and threats to their safety by family members and landlords, forcing them to flee their homes.

In short I would like to say, we demand the right to marry. I have already told my mom that I’ll not bring a son-in-law. I’ll rather bring a bahu.


A not confused LGBTQ+ member

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