Jungomatch Blog

#Should Marriage Be Allowed in LGBT

Should Marriage Be Allowed in LGBT
The history of homosexuality can be clearly traced in our Veda. It doesn’t remain a taboo in India now, the reason behind this is the increasing awareness of the concept of homosexuality, which has changed the attitude of India towards homosexuality. Now our country is approaching towards a progressive and dynamic LGBT rights. In recent years, however, the attitude of people towards homosexuality have shifted slightly. The Human Rights Charter also recognizes the right to marry as a universal right. The words of Chief Justice Dipak Misra indicates that an individual has a right to form union under Article 21 of Indian Constitution but he said that by saying union he didn’t mean marriage but he also didn’t deny that marriage is a union. The marriages between different sex are not equated to the procreation of child, so if procreation of child is not an indispensable factor for a marriage, non-procreative sex cannot be against natural order. Even the Hindu Marriage Act 1955 provides that the marriage shall be solemnised between two Hindus. It never talked about the specific gender. So as per Hindu Marriage Act LGBT Community should not be refrained from marrying with same sex. There is no statutory bar under Hindu Marriage Act 1955 or even in Special Marriage Act 1966 on same sex marriage. A PIL has also been filed in Delhi High Court for the enforcement of this fundamental right i.e right to marry. The PIL seeking the recognition of same sex marriage has been adjourned to November 19, 2020 by Delhi High Court. The country seems to be getting clarity on this issue very soon.