LGBTQ+ Rights With Respect To Marriage In India And Nepal – A Comparative Study
- IJLLR Journal
- Jun 18
- 2 min read
Utsav Anand, Galgotias University, Greater Noida-203201
The path to constitutional protection for a group at times openly derided as “social pollutants” was neither linear nor predictable, and took a unique combination of courage and political wisdom.
- Kyle Knight, LGBT researcher
ABSTRACT
The recent trends observed in the Eastern region of South Asia regarding marriage between same sex individuals calls for further investigation into the process and procedures of the family and the resources allocated to facilitate such unions. The developing practice of these marriages in Nepal, and India also makes this exploratory study relevant in today’s context. It aims to analyze the ever-growing LGBT movement and its influence on the institution of marriage. Although LGBTQ+ people have limited access to marriage rights in these countries, numerous factors are attributive. There are populations of the LGBT community in Nepal and India, this comparative study aims to understand factors both social and legal contributing to the acceptance of marriages specifically in India and Nepal, both these places having significant global interactions.
This research analyzes the consequences of the non-recognition of marriage in the two countries, especially in adoption, conjugal rights, maintenance and support, and division of property. In both countries, same sex partners face legal impediments where a non-biologically related parent cannot obtain legal custody over their child or seek alimony and property rights after divorce. Also, the level of acceptance differs, as support can be found in most urban areas, however, rural and conservative areas are still opposed to the equality of the LGBTQ+ community.
The paper points out the shortfalls in the legal structures of both Indian and Nepal and argues for comprehensive reforms to ensure marriage equality and full family rights for the LGBTQ+ community. The paper finishes by underscoring the role of judicial activism, legislative reforms and social change that support equal rights, recognition and protection for LGBTQ+ families within the law.
Keywords: LGBTQ+ rights, same-sex marriage, legal recognition, adoption, conjugal rights, child custody, India, Nepal.
