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| Ardh-Narishwar courtesy - Wikipedia |
What The Court Can And Should Do
Same sex alliance is condemned from religions arising out of Abrahamic ethos – Judaism, Mohammedanism, and Christianity – broadly western world to us. Their holy books Torah, Bible, and Koran condemn it. A look at Wikipedia here, here and here explains it succinctly.
It is not that Hinduism sanction it but we were always more tolerant than Abrahamic religions. Our Gods are gender-fluid; they are often reincarnated as males as well as females.
Lord Shiva is Ardh-Narishwar – has both male and female hormones. It is said that women are born from left side of Lord Shiva. It is for this reason that his left side is shown to be of female and right side is of male.
Today's science confirms that we all have male as well as female hormones - Hindu religion is closer to science than other religions.
It is said that Bhagirath brought Mother Ganga to earth. He was the son of Emperor Dilip. In old Bengali texts, he is said to have been born out of a union between two of his widows. If such relationships were not accepted then why would it have been written like this.
We had greater acceptance for transgender. Had we not then there could be no Shikhandi and Pandavas could never win Mahabharat. Had Kauravs won the war, our history would have been different.
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| Amba blessed by Lord Shiva - to be reborn as Shikhandi - picture courtesy Amar Chitra Katha |
Our temples depict same sex relationships; Khajuraho temples constructed around 10th century AD are one such example.
Wikipedia summarises Hindu views on homosexuality acoordingly.
But, when invaders come, they also bring their values, their religion, their culture. Their conquest is not complete unless superiority of their Gods, their culture, is also established.
Thousand years of rule by invaders from west have changed our morality, forgetting our own religious texts. Today’s India has forgotten its own Hindu philosophy but is warped with Abrahamic ethos – thrust upon it, by thousand years of invaders’ rule.
More than three decade ago, I wrote an article explaining how in middle of the last century scientific world has changed – conservation of ‘Parity’ lost the ground and the Left-Right symmetry shattered – leaving nature a little asymmetrical, a weak left eyed giant – as Physicists put it.
Taking above as cue, I had argued that when asymmetry exists in nature, we may respect some in our human relations as well. The text of this article with some modification is here.
Sometime ago, Dabur Cream Fem came out of an advertisement showing two women celebrating ‘Karva Chauth. Here is support for that advertisement with some references.
Thirty four nations (see End Note-1) including America, Britain, Canada, Australia, have understood their mistake and have corrected their laws. There is no justification for us not to do so. But it is right to say that validating same sex marriage may be the job for the Parliament and not for the Courts.
However, apart from status, law affords many legal benefits to Heterosexual alliance (marriages). Spouses inherit not only each other properties but sometimes the properties of their relatives as well; Hindu couples can adopt a child together; Income tax grants many benefits to them. There may be other legal benefits as well.
Same sex alliance fall in the same class. Parliament may have exclusive right to accord status to them by but they can not be denied legal benefits enjoyed by Heterosexual alliance (marriages). This is discrimination and hit by articles 14 and 15 of our Constitution.
The court may not grant them legal status of marriage. This may be left Parliament to decide. It may choose to refer same sex alliance as marriage, or partnership or civil union or any other name. But, there is no justification not to afford them the same legal benefits.
The cases may be disposed off declaring the same sex alliance are entitled to same legal benefits (without exhausting or cataloguing them) as heterosexual alliance (marriages) and leave the,
- Parliament to name it appropriately;
- Judges to deal with individual cases as and when they arise.
I have full faith on our judges. They are intelligent enough to deal with them.
End Note-1: These 34 nations in alphabetic order are Andorra, Argentina, Australia, Austria, Belgium, Brazil, Britain, Canada, Chile, Columbia, Cosa Rica, Cuba, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Uruguay, and USA
Wikipedia is not an authority but is referred here for brevity instead of quoting directly from the religious text making article longer.
#SameSexMarriage #LGBT
Yati bhai I like your thinking and logic on same sex marriage. Our thinking has been influenced by other reglions while hindusim has always been pragmatc about it.
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