Sara Kiran Mathew, Christ (Deemed to be University), Bangalore
ABSTRACT
This legal essay is a critical study concerning the clash between morality and law when it comes to same sex marriages. In this paper, the author seeks to establish that same sex marriages should be legalised since it is legally valid. But here a clash between law and morality can be observed, as the reason for it not being legalised is the “social set of standards which defines good behaviour”, that is, the concept referred to as ‘social morality’. In a heteronormative society such as India’s, same sex relationships are viewed to be immoral by a significant portion of the general public. Thus, despite the principles of equality, freedom and privacy, ideals upheld by the Indian law, same sex marriages are not legalised which portrays a clear violation of these rights. This clash will further be examined through the analysis of Navtej Singh Johar vs Union of India1 and Abhijit Iyer Mitra and Ors. Vs. Union of India, along with other important landmark cases in this regard.
Keywords: Law and Morality, Same-sex marriages, LGBTQ+ community, homophobia, religious beliefs.
