FlippED is an ED Original style wherein two bloggers come together to share their opposing or orthogonal perspectives on an interesting subject.
A family is a unit of society. Indian society recognizes a family by marriage. Marriage is a phenomenon that builds every relationship in the family.
Family in India is very much a concern of culture and traditions, and so is marriage. Though there have been a lot of reforms and innovations in the way families are being seen now, still, the traditional family setup is preferred over the rest.
Our bloggers Palak and Katyayani argue if LGBTQ couples should be allowed to have a family of their own.
Yes, They Should Be Allowed To Have A Family!
“In simpler terms, what matters is not whether a mother raises a child or a father. Instead, what matters is what they are taught.”
Palak Dogra
Concept Of Family
When we were in nursery grade, we were taught the concept of family. It always included a mother, father, siblings, and extended family. It is since childhood that it has been ingrained in our minds that the term “family” has to have a mother and a father.
Well, there is no denying the fact that when a kid grows up surrounded by mum and dad, he/she gets two varied dimensions to look at life, varied habits, and morals.
However, we can’t remain oblivious to the fact that kids raised by a single mother or a single father don’t get these dimensions. It is not about who parents the child, rather it is about how the child is parented.
In simpler terms, what matters is not whether a mother raises a child or a father. Instead, what matters is what they are taught.
LGBTQ Couple As Parents
For this simple reason, LGBTQ couples have been considered “unworthy” of having children. It is told that a kid must only be raised around a mother and a father.
Secondly, coming to the fact that how they can have kids. The options are numerous because we are in the 21st century. From adoption to surrogacy, LGBTQ couples can choose what they think is best for them.
But unfortunately, before they come to this stage, they are bombarded by remarks like “a father is essential in a child’s growth”, “who will take care of the child if a mother isn’t there”, and more.
Thus, it is time we realize that what the child is taught by the ones who raise him/her holds more importance rather than who raises them.
Also Read: Watch: Pride Month’19 – India’s Top LGBTQ-Friendly Places
No, They Should Not Be Allowed To Have Family Until New Laws Are Made!
“A private life for the same-sex couple is acceptable, but having a family in a country like India, where the laws are yet to be framed for the LGBTQ community, is a risk for the child.”
Katyayani Joshi
Right To Private Life
Centre has opposed granting legalized status to same-sex marriages in India. According to an affidavit filed by the counsel, “The decriminalization of Section 377 of the Indian Penal Code does not translate into a fundamental right for the same-sex couple to marry.”
The Supreme Court ruling has granted a private life to LGBTQ+ couples. This ruling does not include any right of recognition of same-sex marriage in the public domain. It also does not tend to legitimize certain human conduct.
Family By Marriage
As it is observed, that marriage in Indian society is a socially recognized union of two individuals that are governed by either morally codified personal laws or codified statutory laws. Marriage between two people of the same gender is not accepted in both these laws and hence, should be avoided.
This does not exactly mean that same-sex couples should refrain from having a family. It just means that LGBTQ can have a private family life without having a publicly recognized name of their family. It is a family without marriage.
Legal Ramifications Of Marriage And Family
According to the affidavit filed by the Centre, seeking a declaration recognizing same-sex marriage has more legal consequences than simple legal recognition. This can violate the existing statutory and personal laws.
The parties to same-sex marriage will not be able to fulfill the legislative eligibility of the scheme, where there is a biological woman who is the wife and a man who is the husband. This eventually will deprive the child of the couple from having rights that are directly linked to the legality of the laws.
Marriage as an institution is said to have a certain sanctity attached to it in India. Several rights and liabilities arise from marriage. It also includes bringing up the children in the most natural way which is somewhat not possible in same-sex marriages as certain rights will always be invisible from view.
A private life for the same-sex couple is acceptable, but having a family in a country like India, where the laws are yet to be framed for the LGBTQ community, is a risk for the child. Hence, the community should raise voices for the creation of a framework of laws that could help the child have equal rights.
The State should listen to these voices and not use the unavailability of laws as an excuse to deprive the community of having a family.
The bloggers have their own perspectives on the issue but have a common belief that everyone should have a right to live with freedom. Suggest your view in the comment section below.
Image Credits: Google Images
Sources: Indian Express, Bloggers’ own opinion
Find the blogger: Palak Dogra, Katyayani Joshi
This post is tagged under: LGBTQ, queer, same-sex, homosexuality, marriage, family, love, belonging, rights, fundamental laws, voice, the framework of law, community, child, Indian society, tradition, culture
Disclaimer: We do not hold any right, or copyright over any of the images used, these have been taken from Google. In case of credits or removal, the owner may kindly mail us.
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