Introduction:
Marriage is an essential element in any society. Marriage is what unites and brings together two people who love each other, allowing them to form a family together. The English journalist and poet, George Eliot, spoke about marriage and said, “What greater thing is there for two human souls than to feel that they are joined for life– to strengthen each other in all labor, to rest on each other in all sorrow, to minister to each other in all pain, to be one with each other in silent unspeakable memories at the moment of the last parting?”[1] This is an extremely memorable quote, which manages to capture the very essence of the marriage between two people.
The quote is one, which is extremely relevant especially in contemporary times. The most striking feature about the quote is that it refers to the individuals as “human souls” rather than assigning genders and referring to them as “man and woman”. This is something that represents and attempts to rectify one of the biggest problems faced by the contemporary world. Currently, the world is full of several problems, some new ones which have arisen recently and others which have existed for several years, decades or even centuries. The biggest issues are mostly the ones that have existed for a long period, as they show that no matter how much the world has evolved and changed, those issues continue to persevere and plague society.
The problem referred to in the quote, is the social stigma surrounding relationships and marriages amongst the LGBTQIA community. For several decades now, the LGBTQIA community has been the victim of discrimination and contempt. This is due to a deep-rooted mentality in society, which acknowledges and believes in only relationships or marriages between a man and a woman. The matter of being gay or bisexual is often ridiculed, with people describing it as “just a phase”[2] and not believing that such a thing exists. As time progressed, however, people gradually started to become more accepting of the fact that people can love others of the same sex, and it is nothing abnormal or weird. However, the social stigma surrounding same-sex marriage as well as the community in general, is one that still exists even today.
Same-sex Marriages in India
India is a country that prides itself on its long-standing culture and traditions. Numerous Indian practices which originated several centuries ago, continue to be observed and followed even in modern times. Ranging across various fields like language, religion, clothing, and festivals[3], the spirit of Indian culture and tradition is one that is not extinguished easily. While a lot of these practices represent Indian heritage and culture, not all of them are necessarily positive.
Homosexuality was considered out of the ordinary and was frowned upon by Indian society, in pre-colonial times. While it was looked down on, it was still a legal practice, however, and did not obstruct the practice too much. However, during colonial rule, the British implemented several reforms, changing the very structure of Indian society. In 1860, “homosexual intercourse was considered unnatural and was declared a criminal offense under Chapter 16, Section 377 of the Indian Penal Code.”[4]
Section 377 of the IPC was an extremely controversial topic, becoming the subject of many debates. In addition to the debates, there were also several protests against the criminalization of such a harmless practice, which shouldn’t be considered abnormal or weird in any way. The section stated that “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life.”[5] The choice of words “against the order of nature” as well as the extremely harsh punishment, was a representation of British ideology, which had corrupted Indian society and forced the Indians to accept, acknowledge and propagate this ideology.
The protests against section 377 were further propagated by several lawyers, both belonging to and not belonging to the LGBTQIA community, who brought up the issue in various courts and challenged this law. Various organizations like NGO Naz Foundation and AIDS Bedhbhav Virodh Andolan put the issue forward in court, but to no avail. Finally, in 2009 in the case of Naz Foundation v. Govt. of NCT, “the Delhi HC decriminalized sex between consenting adults of the same gender, holding it in violation of Article 14, 15 and 21 of the Constitution of India.”[6]
While this was a significant judgment in the history of the LGBTQIA community, the frontrunners in the fight against section 377 were not the Naz foundation, but rather, two lawyers: Menaka Guruswamy and Arundhati Katju. The 2 lawyers recently came out as a couple, making their contribution a bigger and more personal victory for them. They had “argued the case in court in 2013 when the Supreme Court upheld the criminalization of Section 377 after it was decriminalized in 2009 by Delhi High Court.”[7]
However, the couple hadn’t lost the battle yet, as they approached the court again in 2018, and managed to emerge victorious. The two were part of the original 5 petitioners who had initially brought up the case, and were instrumental in winning the case. On September 6, 2018, a 5-judge panel of the Supreme Court, struck down and abolished section 377 of the IPC, in a landmark judgment.
The abolishment of section 377 was a historic moment in the history of India, for all people alike, regardless of sexual orientation or gender. It proved to be a huge stride towards the goal of accepting and normalizing the relationship between two people of the same gender. A common misconception that a lot of people believed in, was that the striking down of section 377 would also allow same-sex marriage in India. In a country like India, it raises the question of “what would be the point of being able to be openly gay or lesbian in a society like India which puts such a huge value on marriage and still be unable to get married to the partner of your choice?”[8]
Current Situation
Discrimination of people from the LGBTQIA community, is widely prevalent even today. However, society has come a long way from ancient times, where this discrimination was much more dominant than it is today. Slowly and steadily, people have started to become more accommodating to the LGBTQIA society, and many changes have been made accordingly to incorporate them into society and move away from the previous discrimination.
“Same-sex marriage has been legalized in twenty-eight countries, including the United States, and civil unions are recognized in many Western democracies.”[9] Several organizations across the world, including the United Nations, have taken steps to safeguard and protect the rights of the LGBTQIA community. LGBTQIA rights activists and lawyers, in addition to these organizations, have played a huge role in spreading awareness and managing to secure and protect the rights of this community.
While talking about spreading awareness about the discrimination faced by this community, one cannot ignore the role played by social media and media. Social media is a platform where people share various opinions and spread messages, and awareness about the rights of the LGBTQIA community is one of the messages that is propagated by a large population on various social networking sites.
Media includes various elements such as the press, in addition to others like cinema and TV shows. The press has played a huge role in broadcasting various incidents of discrimination and urging people to act against this bias. But a bigger role has been played by cinema and TV shows. There are many TV shows like Brooklyn Nine-Nine, which portray the situations of the community, and the difficulties faced by them. Seeing these messages being portrayed by actors and actresses who people admire and look up to, is extremely efficient in spreading the message.
India is a country where Bollywood cinema is popular among the vast majority of the population. Bollywood actors and actresses are often admired and idolized, making them extremely effective influencers. Movies such as “Shubh Mangal Zyada Savdhan” convey the message of LGBTQIA rights. The writing of these movies, in addition to the portrayal of characters by actors who are fan-favorites, has proven to be very efficient in spreading awareness about the topic.
Currently in India, even with the abolishment of section 377, same-sex marriages are still not legally recognized. However, “While same-sex marriages are not legally allowed, couples can opt for a Civil Union under the Special Marriages Act 1954.”[10] Katju and Guruswamy, the 2 lawyers who were victorious in the case which decriminalized section 377, are currently working on a “Marriage Project”, which would legalize marriages for couples of the LGBTQIA community.
Conclusion
In conclusion, it is apparent that discrimination against the LGBTQIA community is something that has prevailed for several decades, and it doesn’t appear to be declining shortly. While it is true that society has come a long way since ancient times, there is a very gradual change towards the goal of removing discrimination. As we can see, it took several decades just to legalize same-sex relationships and intercourse with consent, in India. Furthermore, this did not even include marriage, which defeats a lot of the purpose of abolishing section 377.
While we cannot ignore the benefits provided to accommodate and accept the LGBTQIA community in India, and the world, there is still a lot of scope for improvement. There have been steps taken across various fields like cinema, TV shows, social media, speeches, campaigns, and much more, which have contributed immensely to the movement in support of the community. India, being a country, which prides itself on its nature of non-discrimination, is capable of being a lot more accommodating and will hopefully act soon in the near future to ensure the protection and empowerment of the LGBTQIA community. Marriage should be a union between two individuals, regardless of their gender, and it is the realization and acceptance of this fact which will lead to the evolution of society as a whole.
References:
[1] Seale, N. (2020, April 08). The Best Marriage Quotes of All Time. Retrieved from https://www.keepinspiring.me/marriage-quotes/
[2] Noble, J. (Writer), & Shapeero, T. (Director). (2017, December 12). Game Night [Television series episode]. In Brooklyn Nine-Nine. Los Angeles, California: Fox Studios.
[3] Zimmermann, K. (2017, July 21). Indian Culture: Traditions and Customs of India. Retrieved from https://www.livescience.com/28634-indian-culture.html
[4] Sanghvi, M. (2019, June 26). History of the pride movement in India. Retrieved from https://www.deccanherald.com/specials/history-of-the-pride-movement-in-india-742950.html
[5] Indian Penal Code, 1862
[6] TOI, O. (2018, December 31). What is Section 377 of IPC? India News – Times of India. Retrieved from https://timesofindia.indiatimes.com/india/what-is-section-377/articleshow/66067994.cms
[7] Admin. (2019, July 21). Section 377 Lawyers Menaka Guruswamy and Arundhati Katju Come Out as a Couple. Retrieved from https://www.news18.com/news/buzz/menaka-guruswamy-arundhati-katju-section-377-lawyers-gay-couple-2237281.html
[8] Doctor, V. (2020, February 29). A Civil Contract: Same sex relationships and marriage. Retrieved from https://economictimes.indiatimes.com/industry/media/entertainment/a-civil-contract-same-sex-relationships-and-marriage/articleshow/74408022.cms?from=mdr
[9] Felter, C., & Renwick, D. (2020, June 23). Same-Sex Marriage: Global Comparisons. Retrieved from https://www.cfr.org/backgrounder/same-sex-marriage-global-comparisons
[10] Admin. (2020, June 26). Marriage Project: Lawyer Couple Who Fought against Section 377 Now Want to Legalize Gay Weddings. Retrieved June 30, 2020, from https://www.news18.com/news/buzz/marriage-project-lawyer-couple-who-fought-against-section-377-now-want-to-legalise-gay-weddings-2688305.html
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