In the vast tapestry of India’s rich and diverse cultural heritage, same-sex marriage, and youth empowerment, are the two substantial social phenomena which are becoming increasingly important in redefining the future of India. The society in India has been bound by tradition and conservative values for so long that the topic of same-sex marriage in India has remained a contentious issue, relegated to the shadows of societal acceptance. For generations, the LGBTQ+ community has struggled for recognition, rights, and equality, facing prejudice, discrimination, and stigmatization. Not too long ago, the idea of same-sex marriage seemed like an elusive dream in the Indian context. The very notion of it challenged age-old customs, cultural norms, and entrenched beliefs. Same-gender relationships were often considered a taboo subject, discussed in hushed tones, or disregarded entirely. However, through rigorous legal battles and relentless advocacy, there has been a gradual shift in public opinion regarding same-sex relationships. And despite facing adversity, the LGBTQ+ community has persisted in its fight for acknowledgment and acceptance, gradually dismantling the barriers that once stood in their way. The youth of the nation, equipped with newfound awareness and a global perspective, are leading the charge for greater inclusivity and diversity. With each passing generation, societal attitudes are evolving, and the need to address the rights and well-being of the LGBTQ+ community is gaining traction. Young minds are proving to be instrumental in reshaping the narrative, challenging the status quo, and advocating for a more inclusive society that embraces love and acceptance irrespective of gender or sexual orientation.
HISTORICAL BACKGROUND AND CURRENT LEGAL STATUS OF SAME-SEX MARRIAGE IN INDIA
The historical context of same-sex marriage in India has been marked by a lengthy struggle for recognition and equality. For centuries, same-sex relationships have been part of India’s cultural history, as evidenced by ancient texts like the Kama Sutra. These texts indicate a level of acceptance and acknowledgment of diverse sexualities.
In Amara Das Wilhelm’s book “Tritiya-Prakriti: People of the Third Sex”, the study of ancient and medieval Sanskrit texts in India reveals that homosexuality and the “third gender” were not only present in society but also widely accepted. Lesbians were referred to as “swarinis” and often entered into marriages with other women, even having children together. Gay men, known as “klibas,” were recognized as men with homosexual tendencies. Same-sex unions were categorized as a “gandharva” or celestial variety of marriage in the Vedic system, emphasizing love and cohabitation without parental approval.[1]
Throughout different periods of Indian history, literature, art, and poetry have depicted same-sex relationships, providing insight into the existence and status of gay individuals within society. However, when India was colonized by the British in the 18th and 19th centuries, Victorian morality influenced the nation’s legal system. The British colonial authorities introduced Section 377 of the Indian Penal Code in 1861, which criminalized “unnatural offenses,” including consensual gay behavior. Even after gaining independence, India retained many of the colonial-era regulations, including Section 377, resulting in the ongoing repression and marginalization of the LGBTQ+ community, despite pockets of societal acceptance for same-sex unions.
The current situation regarding same-sex marriage and LGBTQ+ rights in India is a complex and ever-changing landscape. While same-sex unions are not yet fully legalized, there have been significant advancements towards inclusivity and recognition of LGBTQ+ rights. A historic moment occurred on September 6, 2018, when the Supreme Court of India largely overturned Section 377 of the Indian Penal Code, which criminalizes consensual same-sex relationships, in the landmark case of Navtej Singh Johar v. Union of India[2]. The court’s ruling emphasized diversity, respect for the LGBTQ+ community, and acknowledgment of their legal entitlements as equal citizens.
While the ruling didn’t explicitly legalize same-sex marriage, it laid the foundation for future progress. It recognized that discrimination based on sexual orientation violates fundamental rights and is an integral part of an individual’s identity. Ongoing petitions and court hearings are currently taking place to determine the legality of same-sex marriage, facing opposition from the government and conservative religious leaders who argue against recognizing same-sex unions.
Despite the lack of full legalization, there has been a positive shift in societal attitudes towards the LGBTQ+ community. Greater acceptance and visibility of LGBTQ+ individuals are becoming more prevalent, and advocacy groups are actively working to promote inclusivity and equality.
SHIFT IN PUBLIC OPINION
Over the years, India has witnessed a notable shift in public opinion towards the acceptance and legal recognition of same-sex relationships. While the Indian government continues to oppose recognizing same-sex marriages, there has been a growing acceptance and support for the LGBTQ+ community, particularly among the younger generation.
Historically, India has held conservative views on homosexuality, with societal norms and cultural traditions often stigmatizing same-sex relationships. However, now, there has been a gradual shift in public opinion. This shift is indicative of a various societal factor, like increased exposure to global perspectives, the influence of social media, and the efforts of LGBTQ+ activists and organizations.
The major key catalyst for this shift has been the change in the mindset of the younger generation. With exposures to diverse cultures, youth are challenging traditional norms and embracing more inclusive attitudes. They are more likely to question discriminatory practices and advocate for equal rights, including the recognition of same-sex marriages.
Moreover, social media platforms have provided a powerful means for LGBTQ+ individuals to voice their experiences and struggles, connecting them with a larger community of supporters and allies. These online spaces have been instrumental in breaking down stereotypes, dispelling myths, and promoting acceptance.
A significant shift in the opinion of Indian society can be seen in the past few years. In Pew survey of 2020, it was found that 37% of people believed that same-sex marriage should be accepted in the country, up from 15% in 2014.[3] In 2021, Ipsos survey found that 58% of Indians believe that same-sex couples should be allowed some sort of legal recognition, and 66% believe that same-sex couples should be able to adopt children[4]. Recently, in the 2023 survey, “How people in 24 countries view same-sex marriage” by Pew Research Center, 53% of Indian adults are in the favor of legalizing the same-sex marriage.[5]
The legal battle for the recognition of same-sex relationships has also contributed to this shift in public opinion. The 18 Indian same-sex couples filed various petitions in the Supreme Court for the legalization of same-sex marriage which has garnered significant attention and sparked nationwide conversations. The fact that these couples are fighting for their rights has resonated with many, further highlighting the need for legal recognition and equality.[6]
YOUTH EMPOWERMENT: CHALLENGING TRADITIONAL NORMS IN INDIAN SOCIETY
India has a profound cultural heritage and traditions that have historically influenced its citizens’ lives. However, the country is currently experiencing a noticeable change in societal norms. The youth in India are actively questioning and challenging long-standing beliefs and customs, particularly concerning homosexuality and marriage. This transformative shift is not only shaping India’s future but also fostering an inclusive and progressive society.
Traditionally, conservative values are still strongly embedded in Indian society, but young Indians are releasing themselves from these social restraints and fighting for acceptance and equal rights. In fact, youth is one of the factors behind this transformation. Additionally, social media significantly contributed to the empowerment and promotion of youth inclusion. Social media sites like Facebook, Twitter, and Instagram give LGBTQ+ persons and their allies the chance to interact, share stories, and challenge prejudice. Social media’s ability to empower communities, magnify voices, and debunk myths about homosexuality has influenced public perception.
Despite the significant progress made, there are still challenges to be faced. Prejudices and conservative mindsets among older generations persist, impeding the complete acceptance of same-sex relationships and marriage and overcoming these barriers will require continuous education, awareness campaigns, and dialogue to bridge the generational gap.
Nevertheless, the shifting public opinion and the empowerment of the younger generation offer hope for India. The willingness of young people to challenge traditional norms and advocate for equal rights is reshaping societal attitudes, leading to a more inclusive and progressive India.
YOUTH-LED INITIATIVES AND MOVEMENTS: ADVOCATING FOR A PROGRESSIVE INDIA
As India progresses towards a more inclusive and accepting society, the youth of India are at the forefront of driving progress towards a more inclusive and accepting society. Their passionate advocacy for same-sex marriage and empowerment of the LGBTQ+ community showcases their energy, determination, and innovative approaches. They have been instrumental in spearheading impactful endeavors to push for same-sex marriage, leading various initiatives and movements that play a pivotal role in shaping India’s future.
The success of youth-led projects is greatly influenced by their effective use of social media platforms. In today’s digital age, the impact of social media cannot be underestimated, particularly in nations where young people form a significant portion of the population. LGBTQ+ youth have found social media sites such as Facebook, Twitter, and Instagram to be powerful tools for connecting with like-minded individuals, sharing their personal experiences, and raising awareness about the challenges faced by their community. These platforms have also played a crucial role in challenging stereotypes and conventional norms. Through impactful campaigns and hashtags like #LoveIsLove and #PrideIndia, young activists have fought against deeply ingrained prejudices and misconceptions surrounding same-sex relationships. By sharing their stories, they have humanized the LGBTQ+ community, promoting empathy and understanding across society.
Youth-led organizations and collectives have also played a significant role in advocating for same-sex marriage and LGBTQ+ rights. These organizations provide a platform for young activists to come together to promote LGBTQ+ rights and amplify their voices. Through workshops, seminars, and cultural events, they raise awareness about the importance of marriage equality. This group actively collaborates with educational institutions and local communities to foster understanding and acceptance, targeting the younger generations to create a more inclusive society.
Several colleges and universities in India have witnessed the emergence of queer-inclusive campus alliances, formed by progressive and empathetic youth. These alliances create safe spaces for LGBTQ+ students and initiate discussions on important issues like same-sex marriage. By organizing seminars, panel discussions, and awareness drives, they foster an environment of acceptance and encourage open dialogue to combat prejudices and misinformation.
Youth-led pride marches and parades have become a significant symbol of the LGBTQ+ movement in India. These events not only celebrate diversity but also demand equal rights and legal recognition, including the right to marry. By marching fearlessly through the streets, the youth make a bold statement of their determination to shape a more progressive and inclusive future.
INTERCONNECTEDNESS: SAME-SEX MARRIAGE AND YOUTH EMPOWERMENT FOR INCLUSIVITY
The movement for same-sex marriage and youth empowerment in India go hand in hand, working together to foster inclusivity and reshape societal attitudes. This interconnectedness is crucial in challenging traditional taboos and advocating for equal rights for the LGBTQ+ community.
The push for legal recognition of same-sex relationships is not just about marriage; it represents a larger battle for inclusivity and acceptance. By fighting for the right to marry, the LGBTQ+ community aims to dismantle the deeply embedded prejudices and discrimination in various aspects of their lives. This fight for equality resonates strongly with the youth of India, who are increasingly aware of the need for a more inclusive society.
The empowerment of the youth in India is a key driving force behind the push for same-sex marriage. This generation is more open-minded, accepting, and willing to challenge societal norms. They are actively engaging in conversations about LGBTQ+ rights and advocating for change. Through their activism and awareness campaigns, the youth are breaking down stereotypes, educating the masses, and promoting acceptance.
The fight for same-sex marriage has provided a platform for the youth to channel their energy and passion for social justice. They are using their voices and organizing protests, marches, and online campaigns to highlight the importance of inclusivity and equal rights for all. This activism has not only created a sense of community among LGBTQ+ individuals but has also fostered alliances with allies who support their cause.
The interconnectedness between same-sex marriage and youth empowerment lies in the shared goal of creating a more inclusive society. Same-sex marriage is not merely about legal recognition; it is about challenging the deeply ingrained societal norms and prejudices that marginalize the LGBTQ+ community. By advocating for same-sex marriage, the youth are actively working towards dismantling these barriers and creating a society that embraces diversity and equality.
Furthermore, the fight for same-sex marriage is not limited to the LGBTQ+ community alone. It has become a broader movement that addresses issues of human rights, social justice, and equality. The youth recognize that by fighting for the rights of one marginalized group, they are advocating for the rights of all. This interconnectedness fosters a sense of solidarity and unity among diverse communities, leading to a more inclusive and progressive society.
CONCLUSION
In conclusion, India is witnessing an overwhelming transformation driven by the intertwined forces of same-sex marriage and youth empowerment. The struggle for recognition and legal rights of the LGBTQ+ community has been a long and difficult journey, marked by societal taboos and historical prejudices. However, through relentless activism and legal battles, there has been a gradual shift in public opinion, with the younger generation at the forefront of advocating for inclusivity and acceptance.
The historical context of same-sex relationships in India reveals a more accepting past, but colonial influences introduced discriminatory laws that lasted for generations. The landmark ruling in 2018, which overturned Section 377, laid the foundation for greater recognition and respect for LGBTQ+ rights. While same-sex marriage is not fully legalized yet, the momentum towards inclusivity is growing, as evidenced by the shifting societal attitudes and public opinion.
The youth of India are the driving force behind this transformation, empowered by social media and exposed to global perspectives, they challenge traditional norms and advocate for equal rights. Social media platforms have allowed them to share their stories, debunk myths, and promote acceptance. The younger generation’s willingness to question discriminatory practices and advocate for same-sex marriage has been instrumental in reshaping societal attitudes.
Youth-led initiatives and movements have played a crucial role in promoting LGBTQ+ rights. Through alliances, workshops, and pride marches, they create safe spaces, foster understanding, and demand equal rights and legal recognition. Their activism serves as a beacon of hope for a more progressive and inclusive India.
The fight for same-sex marriage and youth empowerment are intrinsically linked, as they both strive for a more inclusive society. The struggle for legal recognition of same-sex relationships is not just about marriage; it is about breaking down societal barriers and discrimination. The youth’s advocacy for same-sex marriage provides a platform for them to channel their energy for social justice, promoting inclusivity and equal rights.
Overall, the journey towards same-sex marriage and youth empowerment is a testament to the resilience and determination of the LGBTQ+ community and the young generation. As they continue to challenge norms, advocate for rights, and foster inclusivity, they are redefining the future of India, paving the way for a more accepting and equal society that embraces love and acceptance regardless of gender or sexual orientation.
[1] Sanjana Ray, Indian Culture Does Recognise Homosexuality, Let Us Count the Ways, THE QUINT (Sep. 11, 2018, 10:22 PM IST), https://www.thequint.com/opinion/homosexuality-rss-ancient-indian-culture-section-377.
[2] Navtej Singh Johar v. Union of India, AIR 2018 SC 4321 (India).
[3] Jacob Poushter & Nicholas Kent, The Global Divide on Homosexuality Persists, PEW RESEARCH CENTER (JUNE 25, 2020), https://www.pewresearch.org/global/2020/06/25/global-divide-on-homosexuality-persists/.
[4] Significant Support for Rights of LGBTQ+ among Urban Indians: Ipsos LGBTQ+ Pride 2021 Global Survey, ISPOS (June 29, 2021), https://www.ipsos.com/en-in/significant-support-rights-lgbtq-among-urban-indians-ipsos-lgbtq-pride-2021-global-survey.
[5] Jacob Poushter, et al., How people in 24 countries view same-sex marriage, PEW RESEARCH CENTER (June 13, 2023),https://www.pewresearch.org/short-reads/2023/06/13/how-people-in-24-countries-view-same-sex-marriage/.
[6] Joe Wallen, LGBTQ+ couples in India await the Supreme Court’s decision on same-sex marriage, NPR (May 9, 2023, 1:04 PM ET), https://www.npr.org/2023/05/09/1174752874/india-same-sex-marriage-case-supreme-court.
Author: Megha Arora
Juris Centre 