Vrinda Malik, Amity Law School
ABSTRACT
In recent years, the discourse surrounding same-sex marriage in India has evolved in tandem with changing societal attitudes and legal landscapes. As India grapples with the complexities of LGBTQ rights, the Supriyo case stands out as a pivotal moment in the legal history of the country. It is crucial to view homosexual orientation without stigmatization, affirming each individual's right to live their life according to their own terms within the existing legal framework. Achieving equal rights for them in India remains a distant aspiration due to deficiencies in the legal system that hinder the acceptance of same-sex marriage. The LGBTQ+ community are still being deprived of their basic fundamental right of getting married, which should have been recognised long ago by the Indian Legislature through either new laws or amendments to the existing laws, so as to eliminate all such discriminatory provisions which are based on the gender identities of an individual, owing to the fact that the current legal regime only allows or recognises marriage between a man and women and not two individuals who may belong to same gender. Therefore, the very aim of this research is to provide a detailed analysis of the existing legal regime which has deprived same-sex couples of their right to get married, backed with numerous suggestions which can be inculcated by the Indian Legislature under the current legal regime for guaranteeing and protecting basic fundamental rights of the members of the LGBTQ+ community with emphasis upon the right to get married as an inherent right which shall not be violated as it may lead to the violation of the basic fundamental rights which are envisaged under the Indian Constitution.
LGBTQ+ community, Gender Identity, Marriage rights of Homosexuals, Same-Sex Couples, Discriminatory provisions, Indian Constitution
