February is the month of love, and as we turn our attention to Valentine's Day on February 14, we ask ourselves what more can be offered to humanity in terms of love, support, acceptance, togetherness, and more soulful and fulfilling living norms.
India's deeply conservative society has yet to accept homosexuality, with many gay couples facing stigma and isolation.
Throughout the years, Indian society has become more accepting of homosexuality, and much of the country's LGBTQ community has celebrated their sexuality openly. The majority of them were accepting.
Since the Supreme Court intervened in the past decade, LGBTQ people in India have had greater legal rights.
An individual's sexual orientation became an essential attribute of their privacy three years after the court recognized non-binary or transgender persons as a "third gender." As a result of the historic ruling in 2018, gay rights were expanded after a colonial-era law punishing gay sex with up to ten years in prison was struck down. A judge declared the decision a landmark victory for gay rights, saying that it will “pave the way for a better future.”
In spite of these progresses, Prime Minister Narendra Modi's government has been resistant to legalizing same-sex marriages.
There has been some indication that the Indian Supreme Court may challenge the government's position, however.
The government opposed the nomination of a gay judge in part because of his sexual orientation, the collegium - which includes the Chief Justice of India and two other Justices - told reporters in January. The allegations were not responded to by India's federal government.
In their view, homosexual couples and LGBTQ activists lose their right to equality enshrined in the constitution as well as the same opportunities enjoyed by married heterosexual couples when the government refuses to recognize same-sex marriages.
It has been challenging for many couples to marry with the same gender as their partner since there is no legal protection for same-sex marriage.
It is illegal for LGBTQ individuals to own or inherit property under Indian law. Surrogate mothers who are Indian are not allowed to carry children for gay and lesbian couples. Adoption is only available to single parents in the case of LGBTQ persons.
The legal recognition of same-sex marriages is seen by many of these couples as not only a vital step forward toward equality, but also as a means of establishing stronger ties between the state and homosexuals.
Although LGBTQ couples are not legally permitted to marry, many have participated in commitment ceremonies. It has not stopped them from having traditional Indian wedding rituals, even though their marriages are not legally binding under Indian law.
More than four years after the country decriminalized gay sex, India would become the second economy in Asia to recognize same-sex marriage if legalized. If the ruling is favorable, India would become the largest democracy with LGBTQ rights, but it would be at odds with the ruling Hindu nationalist government, which opposes same-sex marriages. We'll have to wait and see!
source: apnews
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