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Love, Law And Recognition: Rewriting The ‘Order Of Nature’

Jul 23
2 min read



Aarshitha Unnikrishnan, The National University of Advanced Legal Studies (NUALS), Kochi


Each culture around the world has its perception and perspective on marriage. For some, it is purely a contract; for others, it's a sacred bond between two loving souls. In Hindu tradition, marriage is often viewed as a sacramental union, formed not just between two people in this life, but between two families, binding the couple for the next seven lifetimes.


For an average Western or European couple, the process is refreshingly simple: the man loves the woman, she loves him back, and they decide to tie the knot. However, for people in India, who have mastered the art of overcomplicating simple things, a love marriage is anything but that straightforward. Falling in love is merely step one. After that, the guy’s family needs to like the girl, the girl’s family must like the guy, and as a cherry on top, the families must like each other. And if by some cosmic accident everyone’s still talking to each other, only then does a wedding happen.


All this drama is reserved for the society that deems a ‘normal’ marriage, but what about the other couple who do not fit in this ‘normalcy’?


Vikriti Evam Prakriti


The Sanskrit phrase ‘Vikriti Evam Prakriti’, found in Indic philosophical discourse, roughly translates to ‘what seems unnatural is also natural’. Since ancient times, albeit often begrudgingly, Indian society has acknowledged the existence of the LGBTQ+ community. And surprisingly, that acknowledgement didn’t always translate into hounding or ostracising them. While disapproval was common, Indian society, by and large, exhibited a degree of tolerance towards the queer community.


Ample evidence supports this cultural tolerance. The story of Shikhandi from the Mahabharata is about a warrior-born woman who was raised as a man and played a crucial role in Bhishma's downfall during the Kurukshetra War against the Kauravas. The Kamasutra, for instance, refers to lesbian women who married each other and raised children together, calling them Swarinis.



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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