Analysis Of Same-Sex Marriage With Judgements

Susmita Barman, LL.B, Amity Law School, Lucknow, Amity University, Uttar Pradesh

ABSTRACT

Marriage is a sacred union between a biological man and woman in India. It is based on customs, rituals, cultural ethos, and societal values. The primary purpose of marriage is procreation, and same sex couples cannot have biological children. It violates Article 25 of the Indian Constitution. The fundamental right under Article 21 cannot be expanded to include same sex marriage, and seeking a declaration recognizing same sex marriage has more legal ramifications than simple legal recognition. Same sex marriage would violate existing laws, as it would not fit the legislative scheme of a biological woman and a man who is the husband. The fundamental right to marry is enshrined in Article 21 of the Indian Constitution, so a new group could come before the Hon’ble Court to allow marriage with siblings, cousins, etc. All the fundamental rights enshrined in the constitution of India are within the purview of positive and natural rights such as education, liberty, speech, and equality. In today's culture, there is a lot of controversy and discussion surrounding same-sex marriage. Same-sex marriage has emerged as a crucial issue of human rights and equality in the contemporary world as more and more nations begin to recognise and legalise them. The same-sex marriage abstract examines the different conflicts, arguments, and points of view surrounding the subject. Research on same-sex partnerships has influenced policy discussions and judicial rulings that have a significant impact on American families, but the data and research tools accessible to scientists investigating same-sex relationships have been restricted. The author of this paper examines existing methods for researching same-sex relationships as well as major obstacles to this kind of study. The consequences of same-sex marriage are discussed, both in terms of the rights of the parties involved and the effect on larger society, after examining how scholars have addressed these issues in earlier studies. This abstract seeks to offer a thorough knowledge of same-sex marriage, its importance, and its effects on current society by a critical review of academic and popular literature.

Keywords: Gay, lesbian, bisexual, transgender, marriage and close relationship, relationship process, psychological impacts of same sex marriage.