Abstract

The authors delves into the historical trajectory of same-sex marriage (SSM) in India, tracing its roots from ancient texts to the colonial era and beyond, while juxtaposing it with the global landscape where SSM is legalized. India's historical background reflects a rich tapestry of diverse sexuality, evident in ancient texts such as the Kama Sutra and temple sculptures depicting same-sex relationships. However, the colonial period brought about significant changes, with the imposition of Victorian morality and the criminalization of homosexual acts under Section 377 of the Indian Penal Code. The struggle for LGBTQIA+ rights gained momentum in post-independence India, culminating in the landmark Navtej Singh Johar v. Union of India case, which decriminalized consensual homosexual acts in 2018. However, the legal status of SSM remains ambiguous, with no explicit laws either permitting or prohibiting it. A comparative analysis with British India sheds light on the impact of colonial legacy on LGBTQIA+ rights in India. Meanwhile, countries like the United Kingdom, which once enforced similar anti-sodomy laws, have progressed towards legalizing SSM, showcasing global shifts towards inclusivity and equality. This abstract underscores the complexities and nuances surrounding SSM legalization in India, informed by its historical context and comparative perspectives with global legal frameworks while offering the suggestions for future legal reforms towards greater inclusivity and equality. This abstract asked you that how our Indian culture & mythology also talks about the the transgender & SSM.

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