Abstract

This study critically investigates the complex relationship between same-sex marriages, legal recognition, and social justice in India, situating it within the country's cultural, historical, and legal framework. While the legalization of homosexuality under Section 377 in 2018 was an important step forward, the campaign for marital equality remains divisive and unresolved. Same-sex couples in India continue to endure systematic legal and societal limitations, such as a lack of marriage recognition, adoption rights, inheritance, and access to other spousal benefits. This denial feeds a culture of exclusion, weakening the constitutional guarantees of equality, dignity, and personal liberty. The study adopts a doctrinal approach, examining a diverse range of secondary sources including legal texts, scholarly publications, and international frameworks. It examines the historical influences of colonial laws that stigmatized homosexual relationships and compares them to India's ancient traditions, which demonstrated a more inclusive understanding of gender and sexuality. This paper highlights the relevance of the Supriyo case and evaluates the Supreme Court's nuanced decision, which maintained same-sex couples' rights to cohabit and live without prejudice while deferring recognition of same-sex marriages to legislative action. The study places India's problems in a global framework by citing initiatives like the United Nations Free & Equal campaign and the Yogyakarta Principles. It demonstrates how international viewpoints emphasize the need for human rights protections regardless of sexual orientation, while also acknowledging the challenges of establishing uniformity across varying legal and cultural contexts. Further, the paper contends for marriage equality as a pillar of social justice, underlining that legalizing same-sex marriage is not just a matter of individual rights, but also a societal necessity. It contends that accepting varied family structures helps promote an equal and inclusive democracy. By eliminating legal and social impediments, India may move toward a future in which all individuals' dignity and rights, regardless of sexual orientation, are protected.

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