Breaking Barriers: A Look at the Landmark Hearing on Same-Sex Marriage in India

Same-sex marriage is not currently legal in India. Section 377 of the Indian Penal Code criminalized homosexuality until it was struck down by the Supreme Court in 2018. Despite this landmark ruling, same-sex couples are not able to legally marry in India. Same-sex marriage is not recognized under Indian law, and the issue is still subject to debate and controversy.

•  The opponent arguments says that same-sex marriage is against that Indian culture and it hampers the traditional value
• The legalization of the same-sex marriage will breakdown the family unit and will harm children as well. Also it will hamper the sacred marriage insitution.
• The supporters argues that it is the fundamental right to them and non-legalization to the same is resulting in the discriminatory actions towards them and their feelings, it also voilates their right to equality.
• The legal recognition of the same-sex marriage in India will provide them a lega protection and their families will be safe. 
• Also the legalization will give them right to inherit property, to take medical decisions and to adopt child.

The History of Same-Sex Marriage in India
The debate over same-sex marriage in India dates back to the early 2000s when the first legal challenges were filed. In 2009, the Delhi High Court ruled that Section 377 was unconstitutional and violated fundamental rights. This decision was later overturned by the Supreme Court in 2013, which stated that it was the responsibility of the legislature to change the law.

In 2015, the Supreme Court declined to hear a petition seeking to legalize same-sex marriage. However, in 2018, the Supreme Court struck down Section 377, decriminalizing homosexuality. Since then, there have been renewed calls for legal recognition of same-sex marriage in India.

The Supreme Court Hearing on Same-Sex Marriage
In August 2021, the Supreme Court of India began hearing a petition seeking legal recognition of same-sex marriage. The petition was filed by two women who were in a same-sex relationship and sought the right to marry. The petition argued that denying them the right to marry violated their fundamental rights.

Arguments for Legal Recognition of Same-Sex Marriage
Supporters of legal recognition of same-sex marriage argue that it is a matter of fundamental rights. They argue that denying same-sex couples the right to marry is discriminatory and violates their right to equality and dignity. They also argue that legal recognition of same-sex marriage would provide legal protection to same-sex couples and their families, including the right to inherit property, the right to make medical decisions, and the right to adopt children.

Arguments against Legal Recognition of Same-Sex Marriage
Opponents of legal recognition of same-sex marriage argue that it goes against Indian culture and tradition. They argue that marriage is a sacred institution between a man and a woman and that legalizing same-sex marriage would harm traditional values. They also argue that legal recognition of same-sex marriage could lead to a breakdown of the family unit and harm children.

Highlights from the Supreme Court Hearing   ​​​
During the Supreme Court hearing, several arguments were put forward both for and against legal recognition of same-sex marriage. The petitioners argued that denying them the right to marry violated their fundamental rights and that legal recognition of same-sex marriage would provide legal protection to same-sex couples and their families.

The central government argued that the issue of same-sex marriage should be left to the legislature to decide. They argued that the government was not opposed to the idea of legal recognition of same-sex marriage but that it should be done through the proper legislative process.

Public Opinion on Same-Sex Marriage in India ​​​​​
Public opinion on same-sex marriage in India is divided. According to a survey conducted by the Pew Research Center in 2019, 66% of Indians were opposed to legalizing same-sex marriage, while 25% were in favor. However, attitudes towards homosexuality are slowly changing in India, especially among younger generations.

The Future of Same-Sex Marriage in India 
It is unclear what the future holds for legal recognition of same-sex marriage in India. The Supreme Court has yet to make a decision on the petition seeking legal recognition of same-sex marriage. If the Supreme Court were to rule in favor of legal recognition of same-sex marriage, it would be a significant step forward for LGBTQ rights in India.

International Examples of Same-Sex Marriage Legalization
Many countries around the world have legalized same-sex marriage, including Canada, the United States, the United Kingdom, and several European countries. In neighboring Nepal, same-sex marriage has been legal since 2008. Legal recognition of same-sex marriage has been shown to have positive effects on the mental health and well-being of LGBTQ individuals.

Conclusion
The issue of legal recognition of same-sex marriage in India is a complex and contentious one. The recent Supreme Court hearing has brought the issue to the forefront of public debate once again. While attitudes towards homosexuality are slowly changing in India, there is still a long way to go before same-sex marriage is legalized. However, if the Supreme Court were to rule in favor of legal recognition of same-sex marriage, it would be a significant step forward for LGBTQ rights in India.