The Legal and Social Status of Same-Sex Marriage in India

Abstract

This article, explores the topic of same - sex marriage legalization in India. It begins with a personal reflection on the complexity of sexual identity and society's tendency to categorize love. The introduction highlights that love is a fundamental human trait and historically, the institution of marriage did not exist among primitive humans who lived with sexual promiscuity. The article examines the increasing awareness of sexuality in modern times, emphasizing that love should not be restricted by gender. It defines homosexuality as an exclusive or predominant erotic preference for the same sex, encompassing desire, behaviour, and identity. A significant milestone in India's legal history was the decriminalization of homosexuality by the Supreme Court in 2018, celebrated by the LGBT+ community. However, the struggle for equal rights continues, particularly in the context of same - sex marriage, which remains illegal in India. Despite the absence of explicit prohibitions in codified marriage laws, same - sex unions are not recognized. The article discusses the legislative and judicial gaps in LGBT rights, highlighting ongoing legal battles, including petitions for the recognition of same - sex marriages.