Same-Sex Marriage And Indian Case Laws: A Journey Towards Equality
- IJLLR Journal
- May 1
- 2 min read
Mahi Thakur, Symbiosis Law School, Hyderabad
ABSTRACT
Same-sex marriage, a prominent issue in the 21st century, questions traditional norms while advocating for inclusivity. The Indian context is examined by focusing on the legal developments, cultural perspectives, and milestone court verdicts that have defined the story of LGBTQ+ rights and marriage equality in the country.
India's LGBTQ+ rights journey, which started some decades ago, reached a critical stage with the 2018 Navtej Singh Johar vs. Union of India case. After a unanimous ruling, the Indian Supreme Court overturned Section 377 of the Penal Code, making room for consensual same-sex relationships without fear of criminalization. Judgement served as the cornerstone for safeguarding LGBTQ+ individuals' rights and dignity.
After decriminalising homosexuality, the LGBTQ+ community collaborated with activists and legal professionals to fight for legal recognition of same- sex marriages. From the Indian Constitution, this advocacy derives its authority grounded in equality, non-discrimination, and individual autonomy.
Courts in India have been implementing progressive measures favouring same-sex couples, enabling them to exercise their rights. A landmark case, Aloka Kujur v. State of Jharkhand, recognized the right to same-sex marriage as a fundamental right. Based on dignity, privacy, and equality, the court ruled that same-sex couples should not have marriage rights. Per the Delhi High Court, restraining marriage to opposite-sex partners contravenes the LGBTQ+ community's fundamental rights, and the right to marry is a crucial component of the right to life and personal autonomy. Although significant strides have been made, the legal landscape for same-sex marriage in India is still shifting. To ensure full protection, a complete legal framework is needed for LGBTQ+ individuals, including the right to marry. Courts in India have received numerous requests requesting legal recognition of same- sex marriage.
In India, societal views on same-sex marriage have changed over time. Although prejudice and discrimination persist, there is an increase in recognition of LGBTQ+ individuals' right to love and marry. Bollywood and popular media have played a key role in challenging stereotypes, with many positive depictions of same-sex relationships in films and TV shows.
Legal and societal advancements shape same-sex marriage's path to equality in India. Although significant strides have been made toward endorsing LGBTQ+ rights and same-sex marriage, issues linger. To achieve equity and inclusivity for all its citizens, irrespective of sexual orientation, the Indian legal system must persist in collaboration with advancing case laws and social evolution. India's journey to embrace love's vast array of forms is part of a broader global movement.
