(SAME-SEX MARRIAGE PACKAGE) The question of same-sex marriage divides Assam's legal fraternity

By Tanuj Dhar
Guwahati, April 22 A batch of petitions seeking legalisation of same-sex marriage in India being heard in the Supreme Court, are being closely monitored by many sections in the country. In Assam, too, people have been discussing whether same-sex marriage should get a legal nod or not.

The legal fraternity has been arguing on this matter in private conversations, and it seems that opinion is divided on this issue among the councillors.

While almost all of them have asserted that decriminalising same-sex relationship was a welcome step, the larger chunk of advocates to whom spoke argued that marriage should be seen as de-relating the relationship between two consenting persons.

Hafiz Rashid Ahmed Choudhury, a senior advocate of the Guwahati High Court, asserted that marriage should not be seen only as the approval of a relationship.

"Any adult can have a love relationship with another person, irrespective of gender. There is no offence in it, and legally, it is absolutely fine. But when we talk about marriage, it involves many other perspectives. In drafting the rules of marriage, the constitution mentioned that it should occur between two opposite sexes," he said.

Choudhury said that having children is another important aspect of a marriage.

He asserted, "Marriage between two persons generally occurs with the aim of having children and extending the generation, and that is why marriage is often seen from a larger angle in society. This has no room in same-sex marriage."

According to him, laws must be drafted with an eye to the societal system so that they can have greater acceptance.

Dharmananda Deb, another senior lawyer, echoed Choudhury.

He said, "In my personal opinion, marriage as an institution must be as per Indian philosophy. It is not even a contract or just for individual enjoyment. If two individuals have other choices, it cannot be called marriage as per the social-cultural tradition of our country. As such, all personal laws of our country clearly recognise marriage as a union between a man and woman."

"Hence, I do not support same-sex marriage," Deb added.

However, advocate Tuhina Sharma differs from both Choudhury and Deb.

She said, "The goal of marriage is not just about procreation. It is very much necessary to also have emotional stability, bonding, mutual understanding, and the continuation of relationships. In recent years, divorces have increased tenfold among heterosexual couples because of a lack of these requirements of a marital relationship."

Sharma also cited some cases where a homosexual couple has been enjoying a good life.

"We have already accepted and rejoiced in the decriminalisation of homosexual relationships in 2018. And our many observations say that such couples are happily getting along because of their emotional dependence on each other and mental support too. If it is so, I agree with the legalisation of marriages in the LGBTQ community," she added.