Legality of Same Sex Marriage in India: A Moral Quandary

Homosexuality is one of the most prominent legal issues of the present times. The issue of privacy has now confronted the judiciary with the question that whether the legislative approach of upholding LGBTQ+ as a distinct community yield with their demand of marital freedom in for the people who assert themselves to be a part of the LGBT Community? Section 377 of the Indian Penal Code was partially struck down by the apex court in the case of Navtej Singh Johar ,the Supreme Court held that Section 377 of the Indian Penal Code was unconstitutional to the extent that it penalises consensual sexual acts between adults of the same gender. The court, however, while delivering this judgement did not touch the question of legal status of marriage between persons of same gender. The matter is, as of now, being heard at the honorable apex court. This paper attempts to analyze the moral quandary of legalizing the same sex marriages.