Abstract

Marriage is an important social institution, which has existed since the early days of civilization. In this institution, the paramount is the autonomy available to individuals with regards to the selection of the person to whom one wishes to marry. With the process of evolution aided by social and legal reforms, this autonomy has grown in multiple dimentions, thereby breaking the presupposed restrictions. In the recent times, one such restriction, I.E. the restriction to choose only the person of opposite sex as spouse is going through the same process of revisitation. The right to choose the person of same sex as spouse is being claimed as a matter of right and also considered as essential for the realisation of constitutional ideals like the liberty, equality and dignity. The author, who is a law student, attempts through this paper, to locate the same autonomy in the exercise of the freedom of conscience available under the Indian constitution. By analysing the various facets of the freedom of conscience, the paper seeks to establish that the liberty to perform same sex marriage is also a matter of conscience just like the liberty to perform the heterosexual marriages is considered. An attempt is made also to claim that the location of this right under the heading of freedom of conscience may strengthen the case of people seeking for the recognition of the same sex marriages by the state.

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