Thus marriage is seen from a religious angle where anything unacceptable by religion or faith, as same-gotra marriage or same-sex marriage, is considered blasphemy and results in banishment or in some cases murder of the couple in name of preserving the holiness of the religion. Gay or homosexuality is not a concept which derives from west as many who opposes the notion argues.
History[ edit ] Erotic sculptures of two men centre at the Khajuraho temples.
The Khajuraho templesfamous for their erotic sculptures, contain several depictions of homosexual activity. Historians have long argued that pre-colonial Indian society did not criminalise same-sex relationships, nor did it view such relations as immoral or sinful.
HinduismIndia's largest religion, has traditionally portrayed homosexuality as natural and joyful, though some Hindu texts do contain injunctions against homosexuality namely among priests.
Hinduism also acknowledges a third gender known as hijra.
There are multiple characters in the Mahabharata who change genders, such as Shikhandi who is born female but identifies as male and eventually marries a woman. Bahuchara Mata is the goddess of fertility, worshipped by hijras as their patroness.
The Kama Sutraa Sanskrit text on human sexual behaviour, uses the term tritiya-prakriti to define men with homosexual desires and describes their practices in great detail.
Likewise, the Kama Sutra describes lesbians svairini, who engage in aggressive lovemaking with other womenbisexuals referred to as kami or pakshatransgender and intersex people. The Sushruta Samhita and the Charaka Samhita delve further into the issue of homosexuality, stating that homosexuals are conceived when the father's semen is scanty and transgender people are conceived when the father and mother reverse roles during intercourse purushayita, "woman on top".
Homoeroticism was quite common in Mughal court life, and transgender individuals held high positions in courts of Mughal rulers in the 16th and 17th centuries.
Mughal Emperor Babur was known to have a crush on a boy, and recorded it in his memoirs. Other prominent Mughal men who engaged in homosexuality include Ali Quli Khanand poet Sarmad Kashani who had such a crush on a Hindu boy that he went to his home naked.
In contrast, homosexual acts were regarded as taboo among the common Mughal people. This made it an offence for a person to voluntarily have "carnal intercourse against the order of nature. Navtej Singh Johar v. Union of India Inthe Indian Government said that legalising homosexuality would "open the floodgates of delinquent behaviour".
Section stated that: The shift in stance resulted in two judges of the Supreme Court reprimanding the Central Government for frequently changing its approach to the issue. Shashi Tharoor is planning to re-introduce the bill. The Court also ruled that a person's sexual orientation is a privacy issue, giving hopes to LGBT activists that the Court would soon strike down Section Criminalising carnal intercourse is irrational, arbitrary and manifestly unconstitutional.
Homosexuality is part of human sexuality. They have the right of dignity and free of discrimination. Consensual sexual acts of adults are allowed for [the] LGBT community.
But we can set the course for the future.
This case involves much more than decriminalizing homosexuality. It is about people wanting to live with dignity. Chandrachud Furthermore, it ruled that any discrimination on the basis of sexual orientation is a violation of the Indian Constitution: The Supreme Court also directed the Government to take all measures to properly broadcast the fact that homosexuality is not a criminal offence, to create public awareness and eliminate the stigma members of the LGBT community face, and to give the police force periodic training to sensitise them about the issue.
Per a judgment of the state High Courtwhen an IPC Indian Penal Code provision is struck down on grounds of violating the Constitution, its corresponding provision in the Ranbir Penal Code too would be struck down. Ina Haryana court granted legal recognition to a same-sex marriage, involving two women.Group marriage is that type of marriage in which a group of men marry a group of women.
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Each man of male group is considered to be the husband of every woman of female group. Similarly, every woman is the wife of every man of male group. Public opinion regarding LGBT rights in India is complex.
According to a poll by the International Lesbian, Gay, Bisexual, Trans and Intersex Association, 35% of Indian people were in favor of legalising same-sex marriage, with a further 35% opposed. Aug 25, · The Issue of Gay Marriage Summary This essay debates the issue of same sex marriage in the United States.
It considers the pros and cons and examines the constitutional issues involved. Introduction Two strangers become friends and later fall in love. A gay, bisexual or trans person solemnizing a same-sex marriage in India may be interpreted as ‘intending’ to violate the law under Sec. , as ‘consummation of marriage’ by sexual relations is intrinsic to a marriage, as per both social and legal norms.
For Froza Saluja, 42, and her partner Arpita, 38, finding love in deeply conservative India was near impossible before the couple met through a unique Indian organisation called the Arranged Gay Marriage Bureau. Gay Marriage Essay.
The issue of gay marriage has been stirring controversy among the nation for some years. Previously considered a taboo subject and only discussed within the gay community, the issue of gay marriage has made it to the forefront of national headlines.
Many states are currently allowing the issue to be decided on by the voters.