In the world where we are celebrating the pure relationship between two people irrespective of their gender and bodies Indian society is suffering through social stereotypes about Same-sex marriages.
A bench of chief justice DN Patel and justice Jyoti Singh was was hearing a clutch of pleas seeking legal recognition of same sex marriages under the Special Marriage Act and Foreign Marriage Act, including those by Abhijit Iyer Mitra, Gopi Shankar, Giti Thadani and G Oorvasi.
The bench was also hearing a plea by three persons, Joydeep Sengupta, an OCI (overseas citizen of India), Russell Blaine Stephens, a US citizen, and Mario D’Penha, an Indian citizen and queer rights academic and activist pursuing a PhD at Rutgers University, for allowing a foreign-origin spouse of an OCI cardholder apply for registration regardless of gender or sexual orientation.
“The law is settled, either with or without the Navtej Johar case (a reference to the judgment decriminalizing homosexuality). The law is settled, personal laws are settled and marriage, which is contemplated, is between a biological man and biological woman,” solicitor general Tushar Mehta told. The first plea filed by Mitra, Shankar, Thadani and Oorvasi, through counsel Raghav Awasthi, had contended that the Hindu Marriage Act does not distinguish between heterosexual and homosexual marriages if one were to go by how it is worded. The act clearly states marriage can be solemnised between “any two Hindus,” the petition argued.
The second petition was filed by two mental health professionals, Kavita Arora, 47, and Ankita Khanna, 36, seeking legal recognition of their marriages under two different civil laws, the Special Marriage Act and the Foreign Marriage Act.
For now, the court has posted the matter for November 30 to final hearing of the pleas. But the question is why do we need to think that much on these topics. When we allow and legalized the LGBTQ+ communities through one act we can and should agree with their marriages as well.
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If not, then there is no point in having these communities in the country. Marriage is not just about two bodies it’s about two people who match with each other, physically and emotionally without any biological aspects. But the stereotypes who keeps opposing and questioning the existence of LGBTQ+ communities, their life and more than that their marriage will be the barrier in the positive change in the society.