LGBT rights have evolved evolved recently in India . Indian LGBT citizens faces a lot of social and legal difficulties and challenges .
There have been various political movements in favour of LGBT rights, however there remains a significant proportion of homophobic people who object against same gender marriage .
Hinduism generally acknowledge a third gender and has a strong tradition of portraying them . For instance Shikhandi ,in MAHABHARATA was born as a female but identifies as male and eventually marries a female.
Since post independence in India, lot of discussions have been made in this context and various bills and laws have been passed in the Supreme Court of India.
on 6th September 2018, Supreme Court issued its verdict and ruled section 377 as unconstitutional as it is infringed on the fundamental rights of autonomy, intimacy and identity and hence legalising homosexuality.
marriage always seemed as an innate feature of societal structure . Love and marriage are two sides of a coin , as if one is horse other is the carriage.
But not every time a situation is charming like a scenario in the case below.
Indian public opinion on same gender marriage is complex as well. According to a pole in 2016, 35% people were in favour of same gender marriage while a further 35% opposed.
In addition , Chief Justice Dipak Misra and Justice Khanwilkar argued that 'When we say union, we do not mean the union of marriage, though marriage is union’, which is quite interesting.
To add up, societal obligations have crystallised the marriage by law.
The LGBT community are seeking realisation of its fundamental rights of companionship as long it is free from force, coercion and doesn’t results in violation of fundamental rights of others .
on an ending note,
Rather like love and marriage , equality and dignity too holds true as the two sides of the coin .It is the right of every person to lead a dignified life and that too in equality with other citizens.
But in case of same gender marriage , the battle is still open .The constitution is ready for same gender marriage .
The question is whether the society and courts are ready.