Same-Sex Marriage: An Analysis

  • Anuja Kashish and Suvam Kishore
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  • Anuja Kashish

    Student at Chanakya National Law University, Patna, India

  • Suvam Kishore

    LL.M. student at Chanakya National Law University, Patna, India

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Abstract

In recent years, discussions on same-sex marriage have sparked heated debate. Marriages between people of the same gender have a long and interesting history in India. Even a superficial examination of historical and mythical sources reveals the widespread prevalence of such unions. Manusmriti labels homosexuality as a sin, although the Vedic-complementary Sutras promote gay marriage. The Hindu scriptures don't specifically forbid interfaith marriages. On the contrary, they have provided empirical evidence for the existence of such links. It has been argued by scholars that the phrase "Vikruti Evam Prakriti" (what looks un-natural is also natural) found in the Rig-Veda, one of Hinduism's four canonical sacred scriptures, acknowledges the cyclical consistency of homosexual/transsexual components of human existence, along with other types of universal diversities. In Hinduism, Ardhanarishvara, or Shiva in his various forms, is a common icon. Sixth, the Ardhanareshwar is the cultural notion that prompts a Hindu to call upon a god jointly rather than separately, and which typically mixes male and feminine traits. But there are also Ayyappa and Aravan, two heroes whom Krishna married when he was in female form (a deity conceived by Shiva and Mohini, a female avatar of Vishnu). Such instances include the mashup deity Chaitanya Mahaprabhu, who is both Radha and Krishna incarnated; the twin warrior goddesses Chandi and Chamunda; the transgender goddess Gadadhara, the goddess Gangamma-devi, who is both Radha and Krishna; and the transgender goddess Haksar. Angaar is a small village in Gujarat where the local Kutchi culture celebrates transsexual marriages every year during the festival of Holi; hence homosexuality is still visible there even in the current day. Both the groom, Ishaak, and bride, Ishaakali, are male, and they have been following this peculiar custom of being married for for 150 years. It's true that homophobia is on the rise in some places, but the phenomenon itself is universal.

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International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 699 - 714

DOI: https://doij.org/10.10000/IJLMH.114410

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