The right to marriage is universally recognized as a fundamental human right, symbolizing love, commitment, and the pursuit of happiness. However, for marginalized communities, particularly the LGBTQ+ population, this right remains elusive due to entrenched legal and societal barriers. Despite significant legal advancements in LGBTQ+ rights, true equality cannot be achieved until same-sex marriages are fully recognized within India's diverse religious and legal frameworks. This paper explores the religious and legal complexities surrounding same-sex marriages in India, focusing on the challenges posed by personal religious laws. It also examines the potential for the Special Marriage Act (SMA) to provide legal recognition for same-sex couples, while addressing the need for a Uniform Civil Code (UCC) to ensure broader inclusivity and accessibility.
The analysis begins by tracing the evolving jurisprudence on LGBTQ+ rights, highlighting landmark cases such as Naz Foundation v. Government of NCT of Delhi (2010), National Legal Services Authority v. Union of India (2014), and Navtej Singh Johar v. Union of India (2018), which decriminalized consensual same-sex relations. The study then delves into personal laws governing marriage across religious communities—Hindu, Muslim, and Christian—and their limitations in accommodating same-sex unions.
The research emphasizes the Special Marriage Act as a potential legal avenue for same-sex marriages, reinforced by recent judicial rulings. Finally, the paper advocates for the implementation of a UCC as a transformative step toward achieving marriage equality and safeguarding individual rights, transcending religious and cultural boundaries. This research contributes to the ongoing discourse on LGBTQ+ rights and the quest for equal marriage rights in India.
