Abstract

Since the verdict given by the apex court in Navtej Singh Johar vs. Union of India, there is an uproar in the country to legalize same sex marriages. In a multi-religious country like ours the term “marriage” means different to people belonging to different sect. Hindus believe it to be a sacrament while Muslims believe it to be a contractual relationship. Similarly Parsi marriage is also known to be a Contract through a religious ceremony called “the Ashirwad” validating it. While analyzing this issue it is also pertinent note the meaning of the term “gender” and “sex”. Many countries including Netherland, Belgium, Canada, Spain, South Africa, Norway, Sweden Argentina Iceland, Denmark etc. have legalized same sex marriages; while many countries have legalized same sex marriages, India still has a long way to go. This article is aimed at critically analyzing what made their law makers to take this step and what challenges a multi-religious country like India faces when it comes to same sex marriages.

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