The Gamut Of Challenges In India Pertaining To Same-Sex Marriage
- IJLLR Journal
- 2 minutes ago
- 1 min read
Santana Dhali, Indian Institute of Legal Studies, Siliguri
ABSTRACT
“Same-sex marriage”, also referred to as “gay marriage”, is the union of two people who are of the same sex or gender. In more than 30 countries, marriages between “same-sex couples” are recognized and allowed. For a long time, heterosexual marriages have been accepted as the norm. In India, ceremonies involving marriages of homosexuals are still neither recognized nor protected by the law, despite recent developments in LGBTQ+ rights. This is mainly because these kinds of marriages don’t follow the established customs and cultural standards of Indian culture. India is a democratic nation with a multicultural populace that makes a strong effort to uphold the principles of equality and justice for all of its citizens. Despite the existence of the right to marry a person of one’s choice, acceptance of this very particular community in all terms seems to be more tough. The legislative and the judicial fights are still in run so that, one day there will be a brighter society and a better system that accepts and supports all forms of love and union between humans. The legal foundation for the community’s rights and identity was established by the Supreme Court’s decriminalization of Section 377 IPC, which was subsequently strengthened by privacy judgments. Yet, the challenges persist despite judicial progress, indicating the complex interaction between social and legal factors affecting same-sex partnerships in India. The purpose of this article is to examine the legislative developments, sociological viewpoints, and past backdrop of same-sex marriage and homosexuality in India.
Keywords: Same–sex marriage, gay marriage, same- sex couples, LGBTQ+ rights, homosexuality.
