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Legalising Same-Sex Marriages In India: The Need Of The Hour




Arya Sreeram, OP Jindal Global University

"We deserve to experience love fully, equally, without shame and without compromise." - Elliot Page

Introduction:

On account of Pride Month 2023, it becomes important to discuss legalising same-sex marriages, a step that could bring India forward into being a more inclusive and liberal country. Our country is shackled with age-old traditions that ban or frown upon homosexuals, among others, or so we’ve been taught. It's interesting to note that Hinduism does not strictly outlaw homosexuality. Numerous parts of Hindu mythology depict homosexuality and other LGBTQIA+ identities.

According to the Matsya Purana, Lord Vishnu used the guise of a woman named Mohini to deceive demons, and Lord Shiva fell for her beauty immediately. Lord Ayyappa is the result of this relationship. Therefore, Lord Ayyappa was born to two men.

We can find other examples from Ramayana where a king named Dilip died without an heir and left his two wives widowed. Lord Shiva then told the women that if they made love, that he would bestow them with a child if they made love. They did as told and gave birth to Lord Bhagirath who is famously known to have brought river Ganga to the Earth from the heavens.

Even in the Mahabharata, Sikhandhani, the daughter of King Drupada, was regarded as a formidable transgender warrior. She was brought up to be a prince so she might fight and exact vengeance on the Kurus. In fact, Drupada even got her married to a woman. After the woman got to know, she revolted against this. Sikhandhani then with the help of divine intervention, was bestowed with manhood the same night.

Even in early Indian history, some historians claim there was the existence of homosexuality. It is well known that Alauddin Khilji, the sultan who oversaw important improvements to Delhi's economy, delegated his rule to Kafur, who was rumoured to have a sexual relationship with the monarch. At the time, many historians regarded these to be true.

These few instances demonstrate the presence of homosexuality and gender fluidity at the time. Moreover, the fact that there were sanctions set forth for committing such acts, which are recorded in numerous books of Hinduism and Islam2 shows us the existence of homosexuality at the time.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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