SAME SEX MARRIAGE An Old and New Issue in Asia Honourable Ajit Prakash Shah, India and Section 377, UN Development Programme, Punitive Laws, Human Rights and HIV prevention among men who have sex with men in Asia Pacific: High Level Dialogue Report (original) (raw)
An analysis of what LGBTI issues are prominent in various countries in Asia, followed by an updated analysis of moves to recognition of same-sex relationships in Asia, notably in Vietnam, Thailand and Taiwan. Paper was presented at the Asian Law Schools Conference in Beijing.
DECRIMINALIZING SAME SEX RELATIONS IN ASIA: SOCIO-CULTURAL FACTORS IMPEDING LEGAL REFORM
Every former British colony in South Asia has retained colonial laws that criminalize sexual activity between persons of the same sex. There are intensifying calls for the repeal of such laws, especially as western states have moved towards ending all forms of discrimination on the basis of sexual orientation. This article examines the persistence of laws that criminalize same-sex relations in South Asia, with particular attention to the less studied case of Sri Lanka. I argue that recent western trends do not predict the decriminalization of same-sex relations in South Asia and indeed, may make it more difficult to achieve. The article highlights four socio-cultural barriers to decriminalization in South Asia. These include; (i) a wariness of ‘repeat colonization’ by ascendant social norms that are popularly associated with the West; in this instance, LGBT civil rights, (ii) the predominance of the extended family unit and multi-generational households, which inhibit notions of intimacy and privacy that are critical to popular support for decriminalization, (iii) widespread corruption, which underlies resistance among the police to repealing criminal provisions that can be used for inducing bribes, and (iv) the elevated legal status of certain religions, which helps to legitimize other types of discrimination. By comparing the legislative inertia in Sri Lanka and other South Asian countries to successful decriminalization elsewhere in Asia – including Nepal, Thailand and Hong Kong – I argue that a transformative change of at least some of these socio-cultural factors is a prerequisite to decriminalization.
Homosexuality In India – The Invisible Conflict
2008
This research paper analysis the homosexual marriages in the Indian context as an invisible conflict which is successfully kept under cover. It also attempts to describe and explain various aspects of Homosexuality including the evolution, the reasons, the societal attitude and reactions towards such relations. The author also draws insight from the countries where homosexual marriages are legalized and also highlights their outcome out of legalising Homosexual relations. At the end taking fair and strong arguments both in favour and in against the author concludes about the possibility of legalizing homosexual marriages in India based on empirical and theoretical facts and evidences. Homosexuality In India – The Invisible Conflict The institution of marriage in society is generally regarded as extending only to male-female relationships, although most marriage statutes use gender-neutral language. Where as, many examples of acceptance of homosexual marriages has only been recently ...
HOMOSEXUALITY: SHOULD INDIA LEGALIZE SAME SEX MARRIAGE by AYUSHI SARAF .RITIKA BHIMAWAD ,ASHI JAIN
LAW AND LAWYERS, 2020
The debate about couple is fraught with emotion, often making Fruitful discussion of the issue virtually impossible. In this project, I distil the important Points of contention both for and against couple also because the legal issues Involved. I hope to familiarize readers with the legal and social issues that surround this debate in order that they will understand better what has made this such a divisive issue. Same-sex marriage (SSM) is a new social phenomenon. In modern times SSM did not exist until the 21st century when an increasing number of countries began permitting same-sex couples to marry legally. This study presents statistical and related evidence concerning SSM worldwide, with special attention to the us , where SSM has evolved into a serious political and legal issue. In addition to examining data on levels and trends, differentials between men and women are investigated. The study also considers common arguments for and against SSM and certain changes in laws and policies which will occur. Although same-sex marriage now exists in a small number of countries and US states, its consequences and implications are being felt far beyond the borders of those countries and areas. In coming years couple will remain a controversial and salient a part of the legal, political, and cultural landscape, locally, nationally, and internationally.
Legal Recognition Of Marriage Within The LGBTQIA Community In India
CERN European Organization for Nuclear Research - Zenodo, 2021
Whether and how civil society should recognize committed romantic relationships between two persons of the same sex has been a prominent and often contested policy issue in the last decade. Supporters of legal recognition have frequently framed their arguments in terms of human rights and fairness, whereas opponents have often relied on religious teachings and tradition to back up their claims. The argument has generated factual questions regarding the nature of same-sex couples, their families, and the institution of marriage in general, in addition to this collision of profoundly felt values. Indeed, many of the legal and policy arguments made by both sides have relied on scientific evidence to support them. Although empirical research cannot resolve essential moral disagreements such as those raised by the marriage debate, it can answer factual questions. To provide credibility to their recommendations for optimal political and social change techniques, various researchers frequently look to the experiences of European governments that have passed laws allowing same-sex marriage. Some of these experts have come to the conclusion that the legalization of same-sex marriage occurs in stages. They argue that it is possible to anticipate which state would be the first to accept same-sex marriage based on certain visible social and legal processes or quantifiable factors. "The global attention to issues of human rights for lesbian, gay, bisexual, transgender, queer, asexual, intersex (LGBTQAI) people and other sexual minorities has centred on the inherent importance of those The Legal Vidya Volume 2 Issue 1 Page No. 65 Volume 2 Issue 1 rights from a legal, cultural, and ethical standpoint over the last several decades 1 ". Understanding these fundamentals that demonstrates a necessity for ensuring impartiality for this marginalized community of the society as well as for the basic freedoms for these people has been the need of the hour. Thus in our paper we will be understanding the steps taken to eliminate prejudice and abuse against this set of community along with it the landmark judgements will also be taken into consideration, the basic base of our paper is formed by the case of Kumar Koushal v. Naz Foundation 2 landmark judgement where homosexuality was decriminalised. Since the period of colonial expansion, the western understanding of sexuality has been heavily influenced in India. Puritanical beliefs and behaviours were mapped into colonial people's view and now India is carving out its path in order to ensure the rights of the LGBTQAI community which is well illustrated in State of Bombay v. Narasu Appa Mali 3 case. We will try to gage how the Indian psyche embraced the Western moral and psychological' notion that "sexuality is 'pathological,' rather than the normal manifestation of desire that was once part of Indian culture 4 ". The way people think of homosexuality has changed dramatically over the last century in the world. Since 1974, homosexuality has no longer been regarded as an unnatural behaviour in our globe and is no longer classified as a psychiatric condition. In certain nations, it has even been decriminalized. Since then, antidiscrimination or equal opportunity laws and regulations have been passed in different jurisdictions around the world to protect gay, lesbian, queer and transgender rights. In India, no such progressive reforms have occurred, and homosexuals continue to be victims of various forms of violence sponsored by the state and society. Thus in our paper, we will go into a deep analysis of the legal recognition of the LGBTQAI community in India and unfold the reality in parts in our paper. RESEARCH OBJECTIVE The main goal of this study is to obtain an accurate information about the legal recognition of the LGBTQAI community present in India. The researcher's main focus was on determining the legitimacy of marriage within the LGBTQAI community followed by the Jurisdictional stance in India. The paper goes on to address the
International journal of science and research, 2024
India is place which is exhaustive with culture, political judgements, religious belief and many more but still there is a strong sustenance as well as starvation on the grounds of same sex marriage. Along with it promotes antidiscrimination safeguards same-sex partnerships under the framework of orientation and opposes the use of marriage equality as a means of eroding the current nondiscriminatory laws on sexual orientation. Where some jurisdiction believes to welcome same sex relationship where some jurisdiction believes as a prescribe punishment for homosexual relationship across their border. Stated the voidness of an international uniform approach, there is a massive possibility for conflict and legal contradiction. Imagine a situation where a couple from Belgium, which has legalised homosexual relations, and later travel to country such like Pakistan or India, which believes homosexual relation as a curse? The paper will amplify upon legal issue which involve in recognition of same-sex marriage celebrated outside India. The paper majorly focuses on the legal aspect and their induvial right of homosexual individual.
Civil Rights Of Same Sex Couples In India A Comparative Study With United Kingdom.
Journal For Multi Disciplinary Legal Research , 2021
Going against the wishes of more than half of the citizens of his nation, 3 years ago, the then chief justice of India, Dipak Mishra in his judgement quoted, “I am what I am, so take me as I am” and gave the verdict of decriminalizing same sex relations and held archaic law unconstitutional. September 6, 2018 was the historic day for the LGBTQ community as they celebrated their “first” small victory in the long battle because they very well knew this was not enough. Though it decriminalized section 377 but did not address any of the issues related to marriage, property and adoption rights. They are merely getting the recognition and journey to rights is a long way to go. The criminalization of same sex relations was the idea of the British colonial law which left the anti LGBTQ legacy in Indian frame of mind which once upon a time accepted all relationships with whole hearts in Indian Culture. Gradually and progressively, Great Britain accepted the fact and circumstances of the havoc they created in the minds of people and welcomed LGBTQ wholly. This paper mainly focalizes on the pressing issue going on regarding the right to marriage of homosexuals and attached civil rights and privilege and with the help of a comparative study with United Kingdom’s legal provision, it suggests some measures to accommodate civil rights to the same sex couples. Keywords: Same-sex couples, Homosexuality, Civil rights, LGBTQ, Marriage laws.