Ever since the landmark judgment in Navtej Singh Johar V Union of India, which made homosexual sex legal, the marriage of same-sex is still a debate under the Hindu Marriage Act, 1950.

The petitioner is a Defence Analyst and also a member of the LGBT community in India and he stated that there is nothing in the Hindu Marriage Act of 1956 that mandates that marriage should take place between a Hindu man and a Hindu woman. “Section 5 of the Act clearly lays down that marriage can be performed between any two Hindus under the Act,” said the plea.

He submitted that despite the fact that there is absolutely no statutory bar under the Hindu Marriage Act of 1955 and the Special Marriage Act of 1956 against gay marriage, the same is not being registered throughout the country and also in the National Capital Territory of Delhi. As a result of this, there are many benefits that would otherwise be available to heterosexual married couples that are not available to them.

“The non-recognition of the rights of gay couples, especially when their sexuality has been recognized as such as valid by the Hon’ble Supreme Court of India is violative of various provisions of the Constitution of India as well as various conventions that India as a sovereign State is a signatory to,” he said. 

“That the case for extending the same right of marriage to lesbian, gay, bisexual and transgender (LGBT) persons as those enjoyed by everyone else is neither radical nor complicated. It rests on two fundamental principles that underpin International Human Rights Law: ‘Equality and non-discrimination’. Further, the principle of universality admits no exception. Human rights truly are the birthright of all human beings. In addition to this, the opening words of the Universal Declaration of Human Rights are unequivocal: ‘All human beings are born free and equal in dignity and rights’,” said the plea. 

Hence, let us see what comes out of this action, I hope there are an understanding and freedom for the person to marry whoever person he or she wants to, be it man or women, irrespective of their gender and without the headache of any sort of higher or divine reasoning stopping or trying to make it unmindful, sinful or bad in any sort of way. Let's hope something comes out of it and the LGTBQ community gets even more freedom and space in this nation for a better future.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.