Same-Sex Marriage In India: Navigating The Legal Landscape And Its Implications
- Indian Journal of Law and Legal Research
- Mar 11
- 2 min read
(Prof.) Dr. Vinita Kacher, Faculty of Law, University of Lucknow, Uttar Pradesh
ABSTRACT
This paper delves into the current legal and social status of same-sex marriage in India. Same-sex marriage is not recognized under Indian law, and homosexuality was only recently decriminalized. The paper explores the historical treatment of homosexuality in India, including the cultural and religious factors that have shaped public attitudes towards same-sex relationships. The paper also identifies the challenges faced by the LGBTQ+ community in India, particularly concerning inheritance, adoption, and healthcare. Members of this community often experience discrimination in multiple aspects of their lives, including accessing healthcare and employment opportunities. Additionally, same-sex couples encounter legal hurdles when it comes to inheritance and adoption rights, which perpetuate their marginalization.
In conclusion, the paper suggests various solutions for the recognition of same-sex marriage in India. The government must address cultural and religious factors that have contributed to discriminatory attitudes towards the LGBTQ+ community and promote inclusivity. It is also vital to ensure that the legal system protects the rights of this community and provides equal access to resources and opportunities. To achieve these goals, the government must proactively address discriminatory attitudes and practices towards the LGBTQ+ community. This includes implementing anti-bullying and anti-harassment policies in schools and workplaces and educating the public about the experiences and rights of the LGBTQ+ community. Additionally, legal reforms that guarantee inheritance and adoption rights for same-sex couples, as well as laws prohibiting discrimination against LGBTQ+ individuals in employment, housing, and healthcare, must be put in place. In summary, this paper examines the current legal and social status of same-sex marriage in India and highlights the challenges faced by the LGBTQ+ community. The paper suggests solutions such as promoting inclusivity, implementing legal reforms, and recognizing same-sex marriage to create a more equitable society for all.
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