Twesha Karnani, Symbiosis Law School, Hyderabad
ABSTRACT
In order to understand the term and concept of marriage, the legal as well as the sociological aspect needs to be considered. Marriage has always been considered as a union between a man and a woman. Homosexuals have been excluded and discriminated against all over the world since time immemorial. Even though, many countries have legalized same-sex marriages, homosexuals still face discrimination. In India, same-sex partners do not have the right to marry, even though on many circumstances, the Supreme Court has declared that right to marry comes under the ambit of Right to Life (Article 21). Similarly, the lack of laws for live-in relationships, have posed to be a problem for the LGBT community. The community does not feel accepted and safe since there are no laws for their protection and recognition. In India same-sex couples cannot adopt or have a child. Adoption should be a fundamental right in the sense that it should be available to all irrespective of sexual orientation and gender.
The researcher strongly believes that the legal recognition of same-sex marriage will not totally remove discrimination, but will it be the first step towards making them equal in the society.
This paper analyses why homophobia exists in India. Furthermore, the rights which the same-sex partners are deprived of as compared to heterosexuals who can marry are stated. Some suggestions have been analyzed as to how same-sex marriage can be legalized in India. The way some countries have legalized same-sex marriage has been discussed to understand how India can do so too.
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