Guest Column| Same-sex marriages: Need to focus on bigger picture
The demand for legal recognition of same-sex marriage is not justified. If institutional recognition of same-sex union is to be given, it should be something distinct from marriage
The Supreme Court of India is hearing a bunch of petitions seeking legal recognition of same-sex marriage. The right to equality is being invoked, to seek legal recognition of same-sex marriage. Those feeling discriminated are broadly identified as belonging to LGBT that stands for “lesbian, gay, bisexual, and transgender identities.” Without going into the history of the term LGBT or its other variants like LGBTIQA+ and others, let’s focus on the issue relating to same-sex marriage under consideration of the top court.
Also read: ‘If you go back to Indian texts…’: Gay marriage petitioners to Supreme Court
According to Wikipedia, same-sex marriage is the marriage of two people of the same legal sex. Wikipedia further says as of 2023, marriage between same sex couples is legally performed and recognised in 34 countries. Before we come to the question of legal recognition of same-sex marriage, it is important to look back at the history of marriage as a social institution and a legal entity.
Marriage as an institution evolved over a period of time. However, the origin of human beings dates back to millions of years before the concept of marriage came into existence. Our ancestors started as Paleolithic hunter-gatherers living in small, nomadic groups. Later they discovered farming and domesticated animals for food and service, and the size of the group increased. While anatomically modern humans have been around for roughly 3,00,000 years , the society in India with the institution of marriage finds reference in the Vedas about 5,000 years ago. Therefore, to guess human sexual behavior before societies became civilised, probably included participation of all variations of modern LGBT and others, without being considered abnormal or undesirable.
Understanding the meaning of institution
To understand how marriage becomes a social institution, it is important to understand the meaning of institution. Wikipedia definition of an institution is helpful: “An institution is any structure or mechanism of social order and cooperation governing the behavior of a set of individuals within a given human community. Institutions are identified with a social purpose and permanence, transcending individual human lives and intention by enforcing rules that govern cooperative human behaviour”.
This definition of an institution is reflected in the evolution of marriage as a social institution, which makes marriage as the basis of a family, and the functions of marriage include regulation of sexual behaviour, reproduction, nurturance, and protection of children. Thus, marriage is an institution designed to serve a social purpose. Procreation and child-rearing are primary purpose of the institution of marriage, in a manner that provides a secure, loving, and committed environment for every child born into this world. This rationale is reflected in the Vedas, where it is written that “to be mothers were women created and to be fathers men.” If procreation is the purpose of life as biology would like to teach us, then there is a problem with same sex marriage. Somehow, arguments given in the Supreme Court are not related to this big picture, but confined to rights guaranteed under the constitution, and interpretation thereof.
The arguments by the petitioners in the Supreme Court, inter-alia, include the right to love any person of any sex, the right to adopt and love children, and all other legal rights available to married couples. While nobody can deny any person the right to love, be it the right to love your parents, friends, pets or plants, but love of any kind with any person is not a justification to get it recognised as marriage. The demand for ‘equality’ sought by the LGBT, is misplaced as ‘equality’ is only meaningful when people are in fact equal according to established criteria. How can same-sex couples claim equality with heterosexual couples. Measured according to the social purposes served by the institution of marriage and the scenario that can emerge if marriage in case of same-sex couples is recognised, can be best explained by imagining if the entire population belongs to LGBT.
Marriage is designed to protect rights of next generation
Marriage not only protects the rights of men and women, it basically is designed to protect the rights of the next generation both social and legal. Marriage protects the loving bond of blood that connects children to their siblings and extended families and gives them an identity in society recognised legally and socially.
While I have no bias against LGBT, since it is a question of choice, and being free citizens of a free country, they are welcome to their choice, yet the demand for legal recognition of same-sex marriage is not justified. If institutional recognition of same-sex union is to be given, it should be something distinct from marriage, and subject to social norms and serving a social purpose.
brbajaj@gmail.com
The writer is a retired IAS officer of the Punjab cadre. Views expressed are personal
