Critical Analysis: Marital Legality of LGBTQ Couples

  • Asmita Srivastava
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  • Asmita Srivastava

    Student at Symbiosis Law School, Hyderabad, India

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On 6th September 2018, In a landmark decision, India's Supreme Court (SC) decided that consenting to adult gay intercourse is not illegal. Additionally, sexual preference is a naturally occurring phenomenon over which individuals have no influence. This judgment inherently abolished or decriminalized section 377 of the IPC(IPC) and also stated Section 377 as “irrational, indefensible and manifestly arbitrary.” But the decriminalization of section 377 is nothing but the first step towards giving legal recognition to the queer community in India. They have fought not only for the judicial recognition of fundamental human rights for a long time but also social prejudices of the society, which are unfortunately are still prevalent. It is now necessary to protect homosexual couples constitutionally and to get them on an equal footing with heterosexual couples . Marriage has been regarded as a fundamental human right since the beginning of time. However, there is no legislative or regulatory structure in place to protect same-sex couples and their rights. As of now, LGBTQ+ marriages are still not legally recognized as valid marriage; it is not illegal per se, but with no legal recognition it creates a void for the community and makes it hard for them to start a family or live a normal life in this society.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1245 - 1256


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