Sariga Ramachandran M, Government Law College Ernakulam
Most of the modern countries are supporting a legal and valid marriage between a male and female as their backbone of social and cultural cohabitation. A future generation which forms from the union of marriage and procreation forms the new generation and terms out to be aspirations of the country. A country like India which is having a population of over 1.4 billion is still beating around the bush and not lifting a little finger in case of legalizing the same-sex marriage. Before coming in to the legal aspects of a valid Indian marriage let’s find out what is a marriage...?
Marriage, is a legally and socially sanctioned union, usually between a man and a woman, that is regulated by laws, beliefs, rules, customs, and attitudes that prescribe the rights and duties of the partners and accords status to their offspring.
Marriages in different cultures and societies may differ in their functions and goals. In some cases, it gives rise to status, companionship, Personal care and affection, socialisation and regulation of lines of descent. Marriage had a common object over the geographical barrier which is procreation and continuation of their family line.
While considering the modern approach towards the legalisation and validity given to same sex recognition over marriages, it began with Netherlands. In 2000 the Netherlands became the first country to legalise same-sex marriages. Followed by the same pattern and regularising the rights of the group, same-sex marriages legalised by different countries includes Canada (2005), France, Brazil (2013), The United States (2015), and Germany (2017) followed the same. In addition, to that some other countries extended certain benefits to the particular category.
