For marriage ‘equality’ that is truly equal
4 years, 3 months ago

For marriage ‘equality’ that is truly equal

Hindustan Times  

Since January, a petition challenging the applicability of the Special Marriage Act, 1954, to heterosexuals has been pending in the Kerala High Court. The petitioners are two gay men — 35-year-old Nikesh PP and 31-year-old Sonu MS —who had a wedding ceremony in the parking lot of a temple in 2018, and then petitioned the court to have their marriage legally solemnised under the secular law that came into existence to facilitate marriages between inter-faith and inter-caste couples who didn’t want to marry under religious personal laws. The State must guarantee constitutional rights and ensure that a free choice to enter egalitarian legal partnerships is granted, upheld and protected On September 8, another petition was filed in the Delhi High Court seeking recognition of gay marriages within the Hindu Marriage Act, 1955, by intersex rights activist Gopi Shankar, the founder of lesbian collective Sakhi, Giti Thadani, transgender rights activist G Oorvasi and writer Abhijit Iyer Mitra. Marriage equality, at a bare minimum, must allow consenting adults to enter into this form of partnership, irrespective of their sexual orientation or gender identity, across castes and religions. At the heart of the debate on granting marriage equality to LGBTI people people is a fundamental contradiction between the right to choose one’s partner and the reality that in the social contract of marriage in India, individual choice is often insignificant, and individual autonomy non-existent.

History of this topic

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