Bengaluru: A wedding between two persons in Bengaluru city has become a raging topic for debate. Yes, it is a marriage with a difference and perhaps the first in Bengaluru where two women in love with each other tied the nuptial knot at a temple in Koramangala.
The couple, who happen to be distant relatives faced stiff opposition from their families when they had discovered about their affection for each other. Undeterred by this, the elder of the two rented a place for themselves at Koramangala and the couple moved in together recently.
Meanwhile, the parents of the younger girl approached the police and lodged a missing complaint about their girl. However, the couple with the aid of an NGO informed the police that they were willingly living with each other and since both are adults, the police ruled out any further action. Later, the parents informed the police about their marriage and sexual relations.
The police, however, refused to act as they do not have jurisdiction unless there is a specific complaint from one of the women. They then referred the case to Vanitha Sahayavani in police commissioner’s office for counselling the couple and hoped to make them realise about the negative fallout of their decision.
Interestingly, it must be pointed out that same sex marriages are not considered legal in our country where the activists have been waging a campaign seeking decriminalisation of Section 377 under which homosexual acts are considered to be a punishable offences.
Meanwhile, as people stand divided on the issue of gay, lesbian marriages few legal experts have opined that though such marriages are not recognised and considered to be a punishable offence under Section 377, action cannot be taken unless one of the two becomes a complainant. They also mention that while parents of both the women cannot lodge a complaint under IPC Section 377, they can do so by giving other reasons such as “psychological imbalance” or “negatively influencing the other woman.”
Gowthaman Ranga, of the Alternative Law Forum said that since both are adults and have discovered love, nobody should persecute and prosecute them under Section 377. “The 2013 judgement categorically says that one cannot be booked under Section 377 based on identity (gays or lesbians). However, it varies from case to case.”
Other experts said that since both are adults and nothing has been done in public view, it was very difficult to convict the women.
