Same Sex Marriage: A New Constitutional Paradigm

Same sex marriage is a new dimension of social change in the Indian society which requires the attention of the public at large. Homosexuality is a concept which is continued right from the Vedic period and was having a social acceptance until Section 377 of the Indian Penal Code was introduced which made the situation worse for the LGBTQ, resulting in persecution of the entire community. Section 377 led to ostracizing the entire community by the majoritarian policies which led to the decline of the basic human rights. The verdict of Supreme Court in Navtej Singh Johar v. Union of India in the year 2018, finally led to the guarantee of privacy and dignity to the homosexuals. Same sex couples faced multiple problems as the judgement was only half-way ticket to the destination, which allowed them to stay together but never provided for a recognition to their relationship. Multiple problems are faced by these couples in the society resulting in violations of many fundamental rights and legal rights as well. Majority of these couples face social exclusion due to the existence of homophobia even today. It is now the time to provide for better protection to the rights of same sex couples by recognizing their marriage and keeping aside the Indian Ethos and the doomed customary beliefs which has left the entire society in the hands of majoritarianism and intolerance.