Legislating Marriage Equality In India: A Comprehensive Study On The Need For Legal Recognition Of Same-Sex Marriage
- IJLLR Journal
- 1 hour ago
- 1 min read
Ann Mariya Roy, LLM, University of Madras
ABSTRACT
The legal recognition of same-sex marriage remains a significant constitutional and human rights issue in India despite the progressive expansion of LGBTQIA+ rights. While consensual same-sex relationships are no longer criminalized, the absence of a comprehensive legislative framework continues to deny same-sex couples equal access to the legal, social, and economic rights associated with marriage. This reflects a persistent gap between constitutional guarantees of equality, dignity, liberty, and non-discrimination and their practical realization. Existing literature has primarily focused on judicial interpretation of LGBTQIA+ rights, while comparatively less attention has been devoted to the need for comprehensive legislative reform as a durable and rights-based solution. This study addresses that gap by critically examining the constitutional principles governing marriage equality, relevant international human rights norms, and comparative legal approaches adopted in other jurisdictions. Adopting a doctrinal and comparative research methodology, the paper argues that legislative recognition of same-sex marriage is essential to ensure legal certainty, protect fundamental rights, and promote substantive equality within India's constitutional framework.
Keywords: Same-Sex Marriage; Marriage Equality; LGBTQIA+ Rights; Legislative Recognition; Constitutional Law; Equality; Human Rights; India.
