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

  • Arya Karan and Shreya Shukla
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  • Arya Karan

    Student at Christ (Deemed to be University) Delhi NCR, India

  • Shreya Shukla

    Student at Christ (Deemed to be University) Delhi NCR, India

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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.




International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 2981 - 2992


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