Treat every citizen equally: Indian Psychiatric Society bats for same-sex marriage

The Indian Psychiatric Society has extended its support to same-sex marriage, saying that LGBTQA spectrum individuals be treated like all citizens of the country.

The Supreme Court had last month referred the pleas seeking legal validation of same-sex marriages to a five-judge constitution bench for adjudication, saying the issue is of "seminal importance".

The Indian Psychiatric Society, which had supported the decriminalization of homosexuality and LGBTQA spectrum from Section 377 of the Indian Penal Code in 2018, said that "these are variants of normal sexuality, not deviant, and certainly not an illness."

"As an extension to the same, the Indian Psychiatric Society would like to reiterate that these individuals be treated like all citizens of the country, and once a citizen can enjoy all civil rights like education, employment, housing, income, government or military service, access to health care, property rights, marriage, adoption, survivorship benefits to name a few.

There is no evidence to indicate that individuals on the LGBTQA spectrum cannot partake any of the above. On the contrary, discrimination which prevents the above, may lead to mental health issues," the IPS said in a statement.

The Centre has opposed in the top court, claiming that legal validation of same-sex marriage would cause a "complete havoc" with the delicate balance of personal laws and accepted societal values.

In an affidavit filed before the apex court, the government submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country.

The IPS, an umbrella body of psychiatrists in the country with about to 8,000 members, further stated that a child adopted into a same-gendered family may face challenges, stigma and discrimination along the way.

"It is imperative that, once legalized, such parents of the LGBTQA spectrum bring up the children in a gender neutral, unbiased environment. It is also of utmost importance, that the family, community, school and society in general are sensitized to protect and promote the development of such a child, and prevent stigma and discrimination at any cost," the statement added.

It has to be noted that the IPS' stand on homosexuality that it was not an illness had played a significant role when the Supreme Court struck down Section 377 in 2018.

In March, a bench headed by Chief Justice D Y Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other.

"We are of the considered view that it would be appropriate if the issues raised are resolved by a bench of five judges with due regard to Article 145 (3) of the Constitution. Thus, we direct the matter be placed before a five-judge Constitution bench," PTI quoted the bench, also comprising Justices PS Narasimha and JB Pardiwala, as saying.

The proceedings will be live-streamed as is done in case of hearings before the constitution benches.