Same-Sex Marriages, Religion, and the Politics of India’s Anti-Queer Stance

 By Anusuiya Dutta

 

“Politicizing religion and culture to deny a significant portion of the population their fundamental human rights and dignity is not only terribly unjust but also a betrayal of India’s very core.”

The Supreme Court of India on Oct. 17, 2023 ruled against granting constitutional recognition of same-sex marriages in a 3:2 decision. Headed by the former Chief Justice of India, DY Chandrachud, the 5-Judge Bench ruled that no fundamental right to marry existed under current laws, and whether “a change should be brought into the legislative regime of the SMA is for Parliament to determine.”

The petitioners, Supriyo Chakraborty and his partner Abhay Dang, had challenged the Special Marriage Act, 1954 which enables civil marriage for couples who cannot marry under their personal religious laws. They argued that the act violates multiple constitutional rights, such as Articles 14 and 15, which guarantee equality before law and prohibit discrimination; Article 19, which protects freedom of expression and association; and Article 21, which ensures right to life and personal liberty, including dignity and autonomy. 

The petitioners also sought to make the law gender-neutral by replacing terms like "husband" and "wife" with "party" or "spouse."

The parliamentary directive gains even greater significance when examined alongside the central government's consistent opposition to same-sex marriages. During the marriage equality hearings Solicitor General Tushar Mehta, representing the BJP government, sought state-level input, but nearly every state offered little indication of legislative support.

The government's stance rests on two main arguments. First, that homosexuality contradicts Indian cultural norms, and second, that marriage serves primarily as an institution for procreation through a “biological” man and woman, in which scenario, same sex unions disrupt the sanctity and natural design of marriage. 

Contrary to popular belief, homosexuality and queerness are not Western imports to India. In fact, the opposing stance is often deeply rooted in religious beliefs and interpretations—a claim that can instantly be refuted through one look at the holy scriptures.

In Valmiki’s Ramayana, King Dilip, an ancestor of Lord Rama dies without leaving an heir. Following this, Lord Shiva appears in the dreams of his two wives and tells them that they would bear a child if they made love to each other. The widowed queens do as directed, and one of them gets pregnant, eventually giving birth to King Bhagiratha, a vital figure known to have brought River Ganga from heaven on earth.

Mahabharatha has the character Shikhandini or Shikandi, who takes the help of a yaksha to transition into a man in order to enter the battlefield of Kurukshetra and defeat Bhishma.

Matsya Purana narrates the transition of Lord Vishnu into his only female avatar, Mohini. Upon seeing Mohini, Lord Shiva falls in love with her, and their union leads to the birth of Lord Ayyappa.

Besides literary evidence, Indian history is rich with visual evidence that reflects a tradition of sexual fluidity, as seen in the country's art, paintings, and sculptures. Among the most notable examples are the temples of Khajuraho, built by the Chandela dynasty between 950 and 1050 AD. Spanning around 10% of its architecture, the erotic art on Khajurao’s temple walls comfortably depicts polyandry, polygamy, bisexuality and homosexuality.

Similarly, the 13th-century Sun Temple in Konark, Odisha—also known as Surya Devalaya

features explicit carvings inspired by the Kamasutra. Dedicated to the Hindu Sun god, the temple’s exterior is adorned with sculptures celebrating eroticism and sensuality. Following this tradition are the temples of Puri and Tanjore, Rajrani temple in Bhubaneswar and Virupaksha Temple in Hampi, Karnataka among others. Known for their explicit depiction of queer couples, these artistic representations challenge contemporary binary frameworks of gender and sexuality, suggesting a more fluid understanding of intimacy in medieval Indian society.

This piece does not aim to argue whether Hinduism explicitly condones or prohibits homosexuality and same-sex unions. Instead, it challenges the misuse of religion as a tool to perpetuate homophobia based on selective and self-serving interpretations. Politicians and self-proclaimed ‘moral guardians’ have time and time again manipulated religious narratives to justify prejudice and fan the flames of religion-driven homophobia.

In 2024, it is no longer plausible to blame even colonial influences for such biases. Instead, it is imperative to disentangle contemporary societal ethics from outdated colonial ideologies. Politicizing religion and culture to deny a significant portion of the population their fundamental human rights and dignity is not only terribly unjust but also a betrayal of India’s very core. 

About the author: 

Anusuiya Dutta (she/her) is a third year Mass communication student at MIT-WPU. She is a part-time enthusiastic information engulfer and a part-time daydreamer, with a penchant for exploring human vulnerabilities through her poetry. As the Editor-in-Chief of Samvaad, she aims to contribute to the long journey of dismantling the structures that seek to silence those who wish to exist outside its androcentric boundaries.