Harmonizing Values and Laws: The Socio-Legal Evolution of Same-Sex Marriage in India

  • P. Samay Kumar
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  • P. Samay Kumar

    Student at ICFAI Law School, Hyderabad, India

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The discourse surrounding same-sex marriage has emerged as a global conversation, reverberating across diverse societies, and India's landscape is no exception. While many nations have ventured into legalizing same-sex marriage, India's socio-legal milieu presents a nuanced narrative. This research embarks on an intricate journey, aiming to comprehensively analyze the socio-legal dynamics enveloping the domain of same-sex marriage within India. The core purpose of this study is to dissect the multifaceted factors that contribute to the dynamic perception and reception of same-sex marriage in the Indian context. Delving deep into history, culture, and legal frameworks, the research scrutinizes the intricate interplay between these dimensions to decipher the complex attitudes and stances toward same-sex unions. Marriage transcends individual privacy due to its legal implications, and its recognition involves more than a private matter between two individuals. It holds substantial legal and statutory consequences under various legislative enactments. The definition of marriage in India's statutory and personal law systems remains confined to unions between biological men and women, explicitly reflected in the use of terms like "husband," "wife," "male," "female," "bride," "bridegroom," and more. This legal framework underscores that marriage is recognized as an institution solely between a biological man and woman, aligning with legislative intent. Consequently, the argument contends against seeking a court's intervention to alter this established legislative framework. As India continues to navigate this complex terrain, it becomes crucial to foster open dialogues that consider both cultural roots and the evolving aspirations of a progressive society.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 2113 - 2137

DOI: https://doij.org/10.10000/IJLMH.115647

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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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