LGBTQIA Rights And Marriage Laws In India: A Critical Examination
Updated: 5 days ago
B. Prateeksha, B.Com., LL.B. (Hons), SASTRA Deemed University
K.K. Sudhishna, B.Com., LL.B. (Hons), SASTRA Deemed University
ABSTRACT
This paper mainly focused on the LGBTQ community, focusing particularly on the legal recognition of same-sex relationships under personal laws in India. It begins by examining the evolution of human sexuality across cultures, noting that same-sex relationships and diverse gender identities have existed since ancient civilizations, including references in indigenous traditions and early societies such as Ancient Greece. Where a month of June is considered as LGBTQ+ pride month, the study provides a conceptual foundation by defining key identities within the LGBTQ+ community, which including lesbian, gay, bisexual, transgender, queer, intersex, and asexual is highlighting diversity of the human sexuality and gender expression. A crucial part of this paper is the critical analysis of the position of same-sex relationship under the personal laws in India. Under the Hindu Marriage Act, 1955, marriage is traditionally interpreted as a union between a man and woman, in spite the lack of provisions addressing same-sex unions. Under The Indian Christian Marriage Act 1872, informed by Biblical principles, marriage was considered within a heterosexual framework. In Muslim law, marriage is treated a civil contract between the men and women, with same- sex relationships viewed as conflicting with the established religious doctrine. Additionally, the in Special Marriage Act, 1954, was enacted and allowed only inter-religious and inter-caste marriage within a legal framework. Which promotes the freedom of individuals to choose their partner, its gender-specific language presents challenges for the legal recognition of same-sex marriage. The paper was thus able to conclude that “despite the progress made in the decriminalization of homosexuality, the absence of legal recognition of same-sex marriages perpetuates inequalities and thus emphasizes the need for legislation in line with constitutional values and ideals to bring about greater inclusion of LGBTQ+ persons.”
