Legalising marriage for LGBTQIA+ is a corollary after abolishing the 150 year old section 377 in 2009. India is currently hearing petitions and arguments for and against legalising same-sex marriage in the country. A five judge bench including the CJI D.Y Chandrachud are hearing petitions from the past 2 weeks regarding the legalisation, marriage acts, adoption laws etc.
Marriage equality for LGBTQIA+ individuals is a human rights issue that has gained significant attention and support in recent years. The fight for marriage equality has been a long and hard-fought battle, but progress has been made in many countries around the world.
Marriage equality means that all individuals, regardless of their sexual orientation or gender identity, should have the same legal rights and protections when it comes to marriage. This includes the right to marry the person they love, the right to have their marriage recognized by the state, and the right to access the same benefits and protections afforded to opposite-sex couples. Marriage equality is important for several reasons. First and foremost, it is a matter of basic human rights and equality. LGBTQIA+ individuals should not be denied the right to marry and have their relationships recognized simply because of their sexual orientation or gender identity. Denying them this right is a form of discrimination and can have significant negative impacts on their mental health and well-being.
Furthermore, marriage equality can have significant benefits for LGBTQIA+ individuals and their families. It can provide legal protections and benefits such as access to health care, inheritance rights, and immigration benefits. It can also promote social acceptance and reduce stigma and discrimination. While progress has been made in many countries, there are still many places where marriage equality is not recognized. It is important for governments and individuals to continue to push for marriage equality and to fight against discrimination and prejudice towards the LGBTQIA+ community.
For India the major factor restricting this legalization is the government of the country. They can’t let the judiciary decide on its own. It was never parliamentary issue yet the Centre is actively pushing this situation into a muddle. They are claiming it to be an urban elitist concept forgetting that India is a country with diverse history and homosexuality prevailed in the times before civilization. There are various reasons why governments may be against marriage equality for LGBTQIA+ individuals, and these reasons can vary depending on the country and its political, cultural, and religious context.
Some governments may be opposed to marriage equality because of their social and cultural conservatism. They may believe that marriage should only be between a man and a woman based on traditional gender roles, or they may view homosexuality as immoral or unnatural. Many religions have specific teachings about marriage and sexuality, and some governments may be influenced by these beliefs when making decisions about marriage equality. For example, some Christian denominations believe that marriage should only be between a man and a woman, and this belief may be reflected in the policies of some governments.
In some cases, governments may be against marriage equality because of political considerations. They may fear backlash from conservative voters or special interest groups, or they may be concerned about the economic or political implications of changing the legal definition of marriage.
Some governments may be against marriage equality simply because they do not fully understand the issue or have not been educated on the importance of LGBTQIA+ rights. In these cases, education and advocacy can be important tools for promoting marriage equality and increasing understanding.
It is worth noting that while some governments may be against marriage equality, others have embraced it and have taken steps to legalize same-sex marriage and protect the rights of LGBTQIA+ individuals. As with many issues, attitudes and policies regarding marriage equality can change over time as societal norms and beliefs evolve. In conclusion, marriage equality is a crucial issue for LGBTQIA+ individuals and their families. It is a matter of basic human rights and equality, and can have significant benefits for the well-being and legal protections of LGBTQIA+ individuals.
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