Same-Sex Marriage: The Lacuna In Marriage Provisions In India

Aishwarya Sekhar R, BBA LLB (Honours), CHRIST (Deemed to be University)

ABSTRACT

Same-sex marriage is a new dimension of social change that Indian society has not accepted yet. Article 16 of the Universal Declaration of Human Rights states that:

“Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution” and that “The family is the natural and fundamental group unit of society and is entitled to protection by society and the State”.1

Yet, the human right to marry the person whom you love is not guaranteed to the homosexual citizens of India.

This article talks about the way that homosexuality has evolved in India over the past five centuries, mainly in a legal aspect. From the prohibition of homosexuality in the Portuguese empire to the decriminalization of homosexuality and the current ongoing case for the recognition of same-sex marriage, the persistent fight of the LGBTQIA+ community for recognition has come a long way. The article talks about the fundamental rights guaranteed by the Indian Constitution – Articles 14, 19, and 21, that are violated by the absence of provisions for marriage for homosexual couples. It then deals with the different religious perspectives on homosexual relationships. It also discusses the various other rights that laws should be amended to safeguard the rights of homosexual couples.

Keywords: Homosexuality; Same-sex marriage; Constitution; Section 377