Breaking Boundaries: Analyzing The Legal And Social Dimensions Of Same-Sex Marriage In India

Munmun Kaur, LL.M. (Constitutional Law), Amity Institute of Advanced Legal Studies, Amity University, Noida

ABSTRACT

In India, same-sex unions are seen as a relatively new development that has drawn attention from the country's general public. The notion of homosexuality may seem straightforward at first, but it is really a wide viewpoint that is deeply ingrained in Indian culture and the subcontinent; in fact, the history of this civilization dates back to the Vedic period. Before the British created the IPC in 1860 and made homosexuality a crime under section 377, the idea of homosexuality was accepted in society. The Indian Penal Code, Section 377, says. Even if they still have this privilege, the LGBTQA+ community should keep fighting for their basic rights since they are often the targets of prejudice in society. Additionally, they are denied the fundamental rights guaranteed by the Indian Constitution because of homophobia, which prevents society from accepting them. The validity of same-sex marriage is now being decided by the Supreme Court in the case of Supriyo v. Union of India. In terms of realization and protection, this may be summed up as a somewhat excellent progress, yet issues still exist. The docutainment, legal acknowledgment, and social acceptance pathways are the means by which the community and its supporters among the oppressed struggle against oppression. The foundation for attaining equality and non- discrimination on a worldwide scale is international human rights legislation, This includes landmark judicial decisions, the Human Rights Declaration, and the International Covenant on Civil and Political Rights.

Keywords: Same sex Marriage, Decriminalization, Sec-377, UDHR, ICCPR, Fundamental Rights