Validity of Same Sex Marriage in India: An Analysis

Abstract

Marriage, initially defined as a union between a man and a woman, is gradually being replaced by partnerships of any gender in most industrialized countries. Marriages between two people of the same gender are referred to as same-sex marriages. Same-sex marriage remains a contentious issue in India, despite global advancements in LGBTQ+ rights. Despite continuous efforts to acknowledge and legalize them, same-sex marriages are nonetheless illegal in India. This subject is significant since it pertains to LGBTQ+ people's basic human rights as well as the acceptance and defense of their partnerships. In addition to giving LGBTQ+ couples legal status and protection, legalizing same-sex marriage would increase social acceptance and lessen prejudice against the community. It is a critical problem for LGBTQ+ rights activists and advocates around the world, and its significance extends beyond the legal sphere to encompass broader social and cultural attitudes of the LGBTQ+ community. In this context, two urgent questions arise. Is it possible for personal laws to legalise same-sex marriage? Should the rights of spouses resulting from same-sex marriages be governed by a completely separate law? This paper examines the validity of same-sex marriage in India, analyzing legal, social, and human rights perspectives.