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Article Volume 6 Issue 2 2981 - 2992 April 27, 2023

Breaking Barriers: Overcoming Political and Religious Obstacles to Legalising Same-Sex Marriage in India

Lead author · Corresponding
Arya Karan
Student at Christ (Deemed to be University) Delhi NCR, India
Co-author
Shreya Shukla
Student at Christ (Deemed to be University) Delhi NCR, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.114744
Abstract

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 an idea which is proceeded with right from the Vedic period. This paper aims to investigate the social, political, and legal aspects of same-sex marriage in India. It likewise examines the foundations of marriage, and why individuals are hesitant to acquiesce to a more inclusive form of marriage. Throughout this paper, the simple and complex definitions of marriage are explored. The contentions of the opponents of same-sex marriage are analysed. The claim that changing the components of marriage would fundamentally change the structure and purpose of marriage is explored. This is trailed by a comparative analysis with family law in India, and the legality of same-sex marriages under the relevant statutes. 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.

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Article
Information
International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 2981 - 2992
DOI: https://doij.org/10.10000/IJLMH.114744
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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