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Right To Marriage And Institute Family For Same-Sex Partners

Twesha Karnani, Symbiosis Law School, Hyderabad


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.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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