The Non-Conventional Families In The Heteronormative Society In India: The Indifferent Existence

Abstract

Theme: The social moralities of Indian society have never accepted non-conventional families and homosexuality as a normal phenomenon. The indifferent attitude of the society towards homosexuals and the non-conventional families is quite remarkable. Though the Constitutional morality aims for equality of all human beings under equal circumstances, but the social morality comes in its way as a hindrance leading to discrimination and violation of the fundamental rights of the queer citizens. Homosexuals are not the products of time; rather they are the products of nature and were in existence even from time immemorial having references in mythologies too. However, by efflux of time, the societal behavior towards the community has changed significantly, especially after the Apex Court recognized their rights giving effect to the Constitutional morality over social morality in Navtej Singh Johar v. Union of India, decriminalizing homosexuality under section 377 of the Indian Penal code. But the battle continues for legalization of same-sex marriages or civil unions as the government is adamant on its approach not to legalize it. This paper tries to elaborate the societal viewpoint on same-sex relations and the non-conventional families after the decriminalization of homosexuality and, to focus on their struggle to live with dignity in this modern world. The paper also refers to countries where homosexuality is no more a criminal offence and same- sex relationship and their right to marriage are legalized.

Research Methodology: The paper is doctrinal research. The data collected is based on the primary and secondary sources. The primary data are gathered from legal documents and judgments of the Supreme Court. The legal materials were collected through online sources. The secondary data are collected from books, articles and newspapers.

Objectives of Research: The Objectives of the research are to find out the position of the non-conventional families in India post decriminalization of homosexuality and post denial of same sex marriage rights and to find out the factors leading to recognition of same-sex marriage in some other countries.

Findings and Suggestions: Homosexuality is no different from that of Heterosexuality. The society needs to come out from hetero-normative thoughts. The Judiciary and the Legislature shall take steps towards proper implementation of the laws and guidelines for their acceptance in absolute sense in the society. Only decriminalizing doesn’t lead to non-discriminations.