Same Sex Marriage And The Law: Rights, Recognition And Legal Battles
- IJLLR Journal
- Jun 7
- 2 min read
Rudra Roshan, PhD Scholar, Amity University, Raipur
Diksha Shekhar, Bihar Institute of Law, Patna
INTRODUCTION
What if that 12 - year old girl, who has always been enchanted by Barbie dolls and fairy tales, discovers that her feelings of attraction are towards other girls, challenging the traditional notions of femininity and relationships she’s grown up with?
The above framed question may not hold any water from the point of view of that girl, but it can prove to be problematic and remains unsolved in the legal arena not only in India but around the world. Hence, it becomes significant to deal with this burning topic of homosexuality, its legal recognition and the legal intricacies in the prevailing laws which makes this battle troublesome.
Before delving into the topic further, it becomes important to note that when we talk about homosexuals then we must also understand the related aspect to it, as in the present day understanding legal intricacies concerning homosexuals is as difficult as defining roundness in geometry.
Having said that, let us first understand the term gender. “Gender” encompasses the economic, social, political, and cultural roles, attributes, and opportunities that societies associate with being male or female. These constructs are not fixed; rather they vary across different cultures and historical periods. Gender is best understood as a sociocultural construct that reflects the roles, behaviours and characteristics deemed appropriate for individuals based on their sex and sexuality.
Although the term sex and gender is used interchangeably, it has different purport when it comes to law and its related jurisprudential aspect. The term “sex” refers to biologically defined and genetically acquired differences between males and females according to their physiology and reproductive capabilities or potentialities.
