A Critical Analysis Of Transgender And Same- Sex Marriage And Adoption Under The Hindu Marriage Act

A Critical Analysis Of Transgender And Same-Sex Marriage And Adoption Under The Hindu Marriage Act, 1955 And Its Interpretation

Kushala Simha, School of Law, Mahindra University

ABSTRACT

The society is dynamic in nature. The right of today would be wrong of tomorrow and wrong of today would be right of tomorrow. The change not only in technology and innovations should change as per the change of the society's dimensions and social aspects of the communities, but there should also be change in the laws of the country. Sati practice was right during the ancient times but now it is not a right customs practice and so as the child marriages and now child marriage is a punishable offence. Therefore the laws of the country should be changed rightly according to the change in the society which does not violate the basic principles of the Constitution. There is no proper interpretation of the Transgender and Same-sex marriages and adoption under the Hindu Marriage Act, 1955 and if it would be included why should these be interpreted under the Special Marriages Act, 1954? Transgender and LGBTQ Communities are deprived of their right to life and it is a fundamental right and every citizen of the country have the right to attain all the rights guaranteed by the Constitution. The main reason for their deprivation of the fundamental rights is because of the sexual orientation. Therefore this paper aims to critically analyse the Transgender and LGBTQ Marriage and Adoption in accordance to the Hindu Marriage Act, 1955.