Perspective : SAME-SEX MARRIAGE | 14 March, 2023 

Arguments in the favor of legalization of same-sex marriage: 1. India is not a parliamentary democracy like UK where parliament is supreme. It's a constitutional democracy where constitution is supreme. So, even parliament can not amend the basic features of our constitution called as Basic Structure Doctrine. 2. Equality is a part of Basic Structure Doctrine accepted in Indira Sawhney Case(2000). Sexual Orientation is a part of 'sex' mentioned under Article 14, Article 15 interpreted by SC in Navtej Singh Johar Case. Right to marriage is a Fundamental Right under Article 19 & Article 21 interpreted by SC in Shafin Jahan Vs Asokan KM (Hadiya Case). Taking away marriage rights from a class of citizens is violation of fundamental rights given under Article 14, 15, 19 & 21 to citizens of India. In case of violation of fundamental right, individuals will go to SC under Article 32 and not Parliament for protection of their fundamental Rights( Petitioners have done the same in this case. ) 3. Marriage is not something only about having sex and procreation. Do we nullify heterosexual marriage which don't procreate? It's more about love, partnership, making decisions for each other, companionship etc. Marriage is part of expression and taking it from certain individuals dehumanize them. It also severely affect their health, life, dignity etc. Does we make a better society by dehumanizing certain individuals of our own society? Doesn't it lead to brain drain when they are forced to migrate to other countries because they get their basic rights and acceptance there? 4. In one of the interpretations of Marriage in Hinduism, it's about the union of two souls. When did soul have any gender? 4. Having a particular sexual orientation is not a matter of choice. If yes when did majority choose to become heterosexual and feel certain way? Do we create our own feelings? And if it's a choice why will someone choose to be from LGBTQIA+ for getting so much hatred, insecurity, alienation, exclusion etc? 5. For the people calling it unnatural, what is nature exactly? Even our clothes which we wear are not natural. Even the youtube on which we are watching and reading comments is not natural. Are we so repelled to man-made things? And what makes one way of having sex natural and other unnatural? Scientific community like WHO, Indian Psychiatric Association etc. have approved it as totally normal and natural after research. Similar relations have been found in many other species(nature). 6. For the people asking for going through education, awareness, sensitization- It's because of awareness only that today we are discussing about it. The first pride march took place in 1999 in Kolkata. It's the efforts of many people and awareness only through which SC could give a favorable judgement in 2018 without much strong social reaction. We all must have seen pride marches being held in different part of cities across India. Inclusion of Trans people in NCERT curriculum was another example of such attempt which was opposed and taken back. Legal route is just one way of multipronged approach. 7. Coming to common people of India which doesn't limit only to few metropolitan cities, they don't understand even subtle differences between Legislature, Executive and Judiciary. Do they cease to exist? And does parliamentarians ask everything from them during their day to day operations? And who will cause complete havoc? ( "Kya hai Dakshin, Kya hai Wam, Janta ko Roti se Kaam" - Baba Nagarjun ) 8. Let's forget about Lesbians, Gays, Bisexuals, Queer, Intersex, Asexuals and others for a minute. May be it's western influence. But what about trans people? They always existed in our culture whom we called 'Hizda', 'Chhakka', 'Gud', 'Mamu', 'Kinnar' while growing up. Shikhandi in Mahabharata was a trans person most of us will be aware of. As a society how have we progressed? What about their rights? We can't find even basic infrastructure such as toilets for them at public places. We don't have even dignified words for them. Why did we fail to acknowledge their rights despite their existence since history? and whom shall they approach for their rights? 9. Post independence example- Ambedkar faced the similar opposition for Widow Remarriage and Intercaste marriage while presenting Hindu Marriage Bill in the parliament which petitioners are facing today with the same argument in the name of customs, traditions and readiness of society.

Considering indian society to be regressive is a wrong idea. Society is much more progressive and accepting than the parliamentarians. It is the personal bias of parliamentarians that is coming in way of granting rights to same sex couples

Genuine debate...diverse, contracting opinions but nobody made personal remark of shouted on anyone...decent debate with dignity..i wish we could see more debates like this..

Harish Iyer, I couldn't agree more. Very best wishes from London U.K.

More than panelists, I have enjoyed n supported Teena ma'am arguments. Good one ma'am 👍

With legalising same sex marriage I don't see any major affect on society as such reason being 70 to 80 percent of population still have no idea about it and people in rural areas, people below poverty line are least concerned with this issue ,but it is the only LGBTQ+ community who will actually get affected with this positively ,so why not to give a thought to these people's happiness ? Or ye kon log h actually Jo hovac create krenge me? Why they have so much of free time? Why they are not busy in contributing to nation's economy or society's economy ? And democracy does not mean that minority rights will be ignored, It only means that majority will look after minority and their needs and will bring them at par.

legal acceptance accelerates social acceptance

We want Marriage rights for LGBTQIA community. Thre is no going back now...🌈🌈🌈🌈🌈🌈

This advocate is silent supporter of central government on this particular matter. He's clearly advocating his personal views.

Mr. Harish Iyer arguments are awesome 👍👍👍

Sansad TV is surviving because of Journalists like Tina Jha who are really good in articulation and conveying the point around especially of the weaker section, if the same debate have given to Manoj Verma the whole trajectory of the debate would have been different

Great discussion. Very informative

1. Mohini (Vishnu changed to female form, MTF trans) to marry Shiva, 2. Aravani (famous trans deity that Krishna changed into) because he needed to marry Aravan (Ulupi and Arjuna's son) before Mahabharata began, 3. Shikhandi (FtM) not only transitioned to become the reason of Bhisma's death but also married a princess. 4. Agni (masculine) married several (yes, polyarmours) gods like Soma. He also took Shiva's semen to create Skanda ect etc....here are some examples from our Sanatan Hindu culture... Whoever doesn't has the knowledge about your own culture/history should be ashamed of yourself🙏🏼🙌🏼🇮🇳🏳️‍🌈

Thanks for sansad tv today news in english

We cannot wait and wait and wait any longer...we have suffered a lot for centuries...we want gay marriage now...🏳️‍🌈🏳️‍🌈🏳️‍🌈🏳️‍🌈

But as citizens of India We need rights to marry atleast

Very informative discuss

I think it is high time to provide the trans community their due share of rights . Issues like sabrimala has really paved way for other reforms to come into force and develop an inclusive society . No denial in the fact that a legislation without social acceptance fails to some extent with a disintegrating force , but also it is imperative to realise that the issue in the making is of primary importance and all stakeholders should work in tendam so that a way forward could be charted out .

Happyness means not free of cost in society.There will always some kind of perception & lot of consequences needed to be considered first in respect of society.

Oustanding debate...👍👍👍👍👍👍👍👍👍👍👍

I agree with it but it still points towards parliament being supreme, isn't it? Everyday me and so many other people questions ourselves about the reality of it all, as if we were in a nightmare. There's no protection for us, institutions like police or even or local MLA's are corrupt. And to be honest I've seen in my college that straight people from younger generation do not really care at all about the issue, they are not outright homophobic but are not compassionate about it either. Is this the atmanirbhar bharat is? We are supposedly to be a resilient, growing and progressive society but all I see is ignorance and bigotry.

Thank you

People need to understand the difference between legality and legitimacy!

One thing I must say, host asked really good questions covered almost all possible aspect.

Excellent debate!

Mr Rahul is quoting the old revolutionaries like Swami Vivekanand and Raja Ram Mohan Roy Ok fine agreed But now many group of people are also fighting for LGBT marriage rights don't you have sort of respect and positive mind set for them too the way you have to the past revolutionaries

7:44 nice justification on Mr.chandrachud morality

Knowledgeable

A Good debate at all thanku Sansad tv❤

May everybody get wisdom as early as possible❤

I really praise the anchor for her talent

Why Sansad TV did not invite Senior Adv. Meneka Guruswamy, J Sai or any historian to make this debate way more fruitful? Rahul Easwar is a narrow minded right wing 'self acclaimed activist' who have not understood yet the Great Indian History. Talking about the statement made by Sr. Adv. that parliament should make laws on the aspirations of people and if Indian voters are not forcing govt. over this matter then there might be some halfway here. But to counter this, I would say that govt. at the end of the day works for topics which are indirectly or directly support its vot count. In this case, Supreme Court is the last resort for LGBTQ community. For better understanding of this topic, people can read "Sex and the Supreme Court" by Saurabh Kirpal.

And what about sati.... Sati was also socially acceptable practice but it was totally wrong.... And most of people don't know about proper work of Parliamentarian .and the same sex marriage is also like sati pratha bcz both practices as like in sati ,woman 's rights was completely compromise and in the present topic same-sex marriage some special persons facing verious atrocities and other forms of injustice. So according to my personal opinion there is no problem or harmful to legalise same sex marriage. Because everyone has right to marry to his loved ones and and i hope society will accept this change.

Interesting debate ever

There should be marriage right for LGBTQA community. As marriage is caring ,sharing and companionship also.

Good

Good pannel...

I see in the comments section, so many people still against homosexuality, I just want to give one instance, Just imagine as you are a straight person, how it would be like to you to have sex with same gender?? Feels disgusting right..! The same goes with LGBTQ+ people, they don't want to marry other gender but they do to avoid hatred and unacceptance from people like you. Live let live Love is love

Indian society is more progressive in adopting Western kfc and malls culture but its values are still guided by old age custom and tradition,

Long Live INDIA AND ALL INDIANS OF SOVEREIGN SOCIALIST SECULAR DEMOCRATIC AND REPUBLIC OF INDIA 🙏

The western countries like Italy and Hungary.. And many more ...

👍👍👍👍👍👍good one.....

👍

10:40 👍👍👍 & 23:30 is in too much hurry & bending toward one side👎👎👎

Religion has always been controlling in nature, They are like, we will tell you what you can do, and what you can't. If it is not harming you, what is it hurting you so much. Such childish behaviour.

Oh!

First to government ne hi ise normal dikhana chahiye or normally pesh Krna chahiye aam logo k bich ..mtlb jese government or other awareness issue pr awareness felati h advertisement krti h un chijo ko normal dikhati h jruri dikhati jisse janta k man me ek soch banti h or change aate hain ... Vese b Bharat ki jadatar janta villages ki h jo ek dam sidhe sadhe abodh se h unko koi baat ya issue systematically dikhaya smjaya jayga to vo smjege hi vo kounsa disturb hoke tmashe krne nikal jayenge Or jo log tmasha bnayenge virodh karenge unko jra un muddo ki yad dila di jaye jo vese har living being k liye painful h janleva h (economy, environment,se jude)pehle un pr kam krle ..

Humanity is the biggest law and article 21 is the heart of ensuring the same via constitution. When preamble reads ...we the people of india , it doesnt exclude lgbtqia community.and thus i believe certain laws must come into force to Kickstart a serious thought nd gradual acceptance will follow

That smiling thumbnail is kinda misleading.

Congratulations in advance, India

Least no of people from transgender community is representing in parliament so can we expect a legally pressure on parliamentarians to do debates, or even thinking about to make a law, i dont think this is gonna happen soon, Unless parliament transgenders are not represented this is not gonna happen

We all should say " 🚫 NO" to homophobia....

Marriage is not just a societal concept, it has far wide reaching consequences. There's a problem of 'gay brain drain' due to the stigma surrounding homosexuality. Our Constitution guarantees equality, how do we implement it in true sense if we simply alienate a section of society for no good reason? Furthermore, granting legal recognition to homosexual marriages would also mean that these couples will be willing to adopt children! The government's response isn't without merit, but it also highlights the fact that Indian society is regressive, social acceptance is not the only basis of legislation in our country, there are many other factors to account for. Majority rule is not what we see in our country in most scenarios, going by the Constitution, there are safe guards for minorities. Laws are not just made to appeal to the 'majority'. There are many arguments favoring the legal recognition towards same-sex marriages, the only argument against it is that 'the society isn't ready yet'. The pros outweigh the cons in this scenario. And I really don't understand the resistance against homosexual couples, would granting them legal recognition curb our rights in any way? If the answer is a resounding no, why should we be so against such progressive moves by the SC?

Love you Teena Mam😭

Mam, why don't u Continue, this Seriess,pls Rejuvinate this Programme

When question come when change will start... Question also arise how far change will go.... Legalising unnatural sex, after that people also can demand something else in the name of change or modernization , No one know where it will stop.. today is human, maybe tomorrow is animal.

Why not including same sax marriage in the structure of UCC , when India's civil laws(mairrage , divorce...)are going to restructure for everyone then why not just add some laws for LGBTQIA+

Constitution secures equality and assuring dignity of individuals - Each individual ( Irrespective of minority and majority ) - Let court decide if Legistlative bodies have imbibed any sort of clause into a law which violates constitutional values so that a wise and equiatable society can stand in this nation of of parliamentary democracy ( Majority party rule - executives are from legislature itself ) .Homosexuality have always been there in indian culture ( Khujarao temples ) and medeival feudal regressive social values should not be thrown to justify suck autocratic laws - because at the th end of day - culture has never been constant . Each one of us strive to live a dignified life , if minorities hsould not be respected in a great nation like India , then please let lgbtq community to be free from even paying taxes .

What is "interpretating"? Mr. Iyer is constantly using it. (How is it different from "interpreting"?

When sc will tell the decision?

The old man is lying too much. Dont lie.

Can this anchor be less blatant about showing her hatred towards a certain ideology and can once be more tolerant of voices of everyone.

Ssm should be legalised

So can we ask this gentleman how do we educate the society? There is an entity acting towards it called Bollywood who want to make progressive cinema but you have problem with Bollywood too. Badhai do was a movie made on the topic but did any political party came forward to support or make it tax free. Kashmir files, shershah and patriorical movies get so much support from government. Bollywood makes an attempt to educate but your party workers create drama for months and then chokidar comes and preach much later when everyone already made a perspective that Bollywood is bad. You are leaving no options for the community and that is why supreme court has to step in. Ask this gentleman how should one educate this society about this matter?

Only the supreme court can take the final decision, not the parliment.

Mr. Nigam forgot that Bhagwaan Krishan got married to Aravan during the war of Mahabharat. Which type of Marriage was performed between them then?

why he use like word hindu brahmanical lens, what other religion baised on homo sexual relations, like quran and bible. Advocate of sc is right on this social issue

Obhyu

23:56....so in discussion of LGBT....A.I pops in....anchor with "basic pay" clearly doesnt know basic A.I or LGBT & difference between them & when to restrain from flowing with flow in speech...only the private news media channels mustn't be held responsible for poor quality...muck is all around the place.

Same sex marriage should be allowed with the condition that they can't acquire the children of any couple where one is a male and other is a female to nurture and say the child is theirs. If they want to acquire the child they should produce their own if they think they are couple and if nature has given the power to do so.

Iam supported to lgbtq

Sexual minorities ke bare me kon sochta hai aajkal.. Let's hope ki decison positive aaye . Hame bhi haq hai apna partner chunane ka... Duniya me do tarah ke log rahte hai.. those who believe in Religion and god and those who believe on science ,and both given the proofs of homosexuality . So why people will decide. Being a gay is not curse.. But in our society is curse..unless and until the law pass.. LGBT people ke liye different school,garden sab hona chahiye..

very ill thoughts by advocate nigam! majority of the people would agree to not pay taxes, can government go on to legislate for the same? some things do have moral ground instead. I can bet if it was not so for the British East India Company, Sati would still have been practiced in our country bcz this was the accepted norm by majority! and parliament would have been moot over this! Not every time the phrase"putting cart before the horse" works, sometimes "cart is to be put before the man" as the man can push it, but the horse cant!

Whatever, the fact remains that this sexual misadventure is not conducted on an empty stomach. Even the poor on the street remain glued to the opposite. As usual these adventures are totally fine in private. The supreme court has only decriminalised gay sex. These misadventures have not been validated nor sanctioned in India. LGBT do not be oversmart! Its marvellous to be decent and polite, not otherwise.

I strongly condemn Central government for this inappropriate action, Government must be equal to every human being, LGBTQ community are not from different planet, They are also born here, They born in India, There is a proof in Science, that LGBTQ feelings will start raising once baby is in Womb itself, If this is the case, Why LGBTQ community need to suffer, Let them enjoy equal rights of humanity, More than humanity nothing exists. Moreover this debt is purely like a Veg vs Nonveg food lovers. Its purely your wish whether what type of food which you are supposed to eat, I strongly agree, its upto consensus of adults. Here Government has zero rights to interfere, Instead support marginalized society, This gives a good healthy society, Marriage is not just for a wish of Society or Government or Stereotype, Instead Marriage should be from heart. All Heterosexual people, please be minded, tomorrow there is a chance that your own daughter or son may become homosexual, then you will understand about the real pain, Spread love, not hatred, This earth is equally for everyone whether they are homo or heterosexual, Court definitely give solid judgement to approve homosexual marriage.

Where is the question of society here. Constitution grants rights to individuals. Freedoms of individuals are more important than rights of community.

Why marriage , here girls and boys are in live in relationship, now a days no one wants to marry, then there is no question of marriage fir same sex.stay alone.

Legal framework must be created for Homosexual couples to get married like the Special Marriage act. But I hope that Homosexual community would avoid trying to adopt designations like Husband or wives as these are related to Traditional religious principles of the world. Marriage is a social, cultural & religious practice, system & arrangement. I hope that Supreme Courts will give different terms to Homosexual legal partnership & cohabitation from the ones used in Traditional Hetrosexual marriages.

Social acceptance is more than legal acceptance 🥰🥰🥰🥰

LUVATAT.... India ma aam hogi

Make panel where all members coming from LGBTQ community. We need to hear rhem.we have already heard a lot from non LGBTQ and the conservatives and their biases and flawed arguments.

Absolute nonsense.... Awarding/reaffirming a person's fundamental right of relationship in d nature of marriage with a consulting adult of same sex/gender doesnt violate any other person's right of similar nature in heterosexual relationship.....which is foundationally different from the cases like Sabarimala, & Jalikattu, where other ppls lives were directly affected by letting other take different stances.and what adv Nigam says is total bulls society doesn't lead progress, it's the uniquely abled person/institution/circumstance which steers the time to have it pivoted to astute development....correct ur sociology & constitution first, sir...then speak...

When it comes to social issues, there should be social acceptance.

it is very convenient for a male upper caste person to say i am a conservative, as being so gives him lots of advantages.

👉I would say it's not even about will of the people or social acceptance. 👉But there should be a purpose , first of a marriage should be defined in 360 degree . 👉Only happy can't be the criteria of every action or policy . 👉Just to have short time happiness for fist of people let's not pollute the institution of marriage. 👉Because marriage is much broader and secred than just having sexual relationship. 👉 Only Marriage can't be a fundamental right , क्या इनलोगों के जीवन में marriage के अलावा कोई उद्देश्य नही रह गया है ?? इनको कुछ और भी कार्यों में अपना जीवन खपाना चाहिए ।

The anchor's closing statement was blatantly and shamefully discriminatory and politically biased in its directive. She also excluded Harish Iyer from making a closing comment even though she could see he clearly wanted to speak. How very telling.

Excellent decision and Full support to Govt of India in favour of Indian values and lifestyle.. Jai Hind

❤same sex marriage 18-21yaer5"6' 38year rs,ls,govarment sosal skim bhartiy samvidhan ke niyam kendra sarkar dvara pratyaabhoot teena i love you..prameesh love you..❤

"All our panalists have suggested that mayeb it's too early for that kind of change". Your bias is showing anchor, do better.

Jpjjion bhp0mlo0

Plz don't bring this American wokeism

For heaven's sake try to understand, Mr. Iyer LGBT is best private. It can't be legitimate in public. LGBT rights is bogus.

Supreme court kya ek nayi prampra ki suruwat karna chahti hai Bharat mai?

Male and female number imbalance should be considered also if it comes to marriage. What about right of that man or female who doesn't get their opposite partner during marriage due to imbalance? This should also be considered.

Useless topic.

One side he blames Brahmins and secondly advocating for a custom of marriage which was started by Brahmins. Challenge Brahmins and live together without marriage

Ye sisgender kya hai?

Wh krega indian women se hayat magar to wh puri jism or everybody se kr wh hayat khan hai wh bhi single hai

Jb na mile wh tb Tak alone aakela rh single women ki tarah diya wh hayat khan single

Ab to bhi single women all india ho ja wh or marriage kr le wh puri jism or everybody se wh