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Is the concept of marriage less exclusionary in our country? In the context of same-sex marriage, discuss the need for a multi-pronged approach to deal with issue of prejudice and discrimination prevalent in society against them.

Topic:  Salient features of Indian Society, Diversity of India.

2. Is the concept of marriage less exclusionary in our country? In the context of same-sex marriage, discuss the need for a multi-pronged approach to deal with issue of prejudice and discrimination prevalent in society against them. (250 words)

Reference: The Hindu

Why this question:

A petition recently filed in the Kerala High Court by a male same-sex couple challenges the constitutionality of the Special Marriage Act on the ground that it discriminates against same-sex couples who want to formalize their relationship through marriage. Thus the question.

Key demand of the question:

The answer must discuss the concept of marriage in the Indian society, the lacunae it has on the aspects of inclusion – for the LGBT community. Discuss in what way the discriminations prevalent in our society over the institution of marriage can be overcome.

Directive:

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction:

Briefly explain current context – highlight the case before Kerala high court.

Body:

Discuss the features of Special Marriage Act first. Explain in what way it discriminates against same-sex couples who want to formalize their relationship through marriage. Analyse the aspects of the rights of same-sex couples. Discuss the social purpose of marriage in general and in what way Indian society is yet to relook at the old and outdated ractices. Suggest measures that need to be taken to make marriage more inclusive in the country.

Conclusion:

Conclude that it’s high time for our society to put an end to the homophobic tradition and make marriage, as an institution, as a legal concept, more accessible and egalitarian, less arbitrary and exclusionary.