Abstract

Same-sex marriage has been fast becoming an issue of recognition and legalisation worldwide, with varying degrees of acceptance or resistance witnessed. Our primary contention centers on the fundamental principle that denying same-sex rights constitutes a violation of individual constitutional rights. We also acknowledge the potential challenges associated with amending personal religious laws, which may carry religious repercussions. However, we propose a viable solution in the form of the Special Marriage Act, which can serve as a refuge for same-sex couples seeking legal recognition. Throughout our argument, we will demonstrate the complexities involved in granting same-sex marriage rights within various religious contexts as well as under the various Fundamental Rights and subsequently, we will elucidate how these rights can be effectively secured through the utilization of the Special Marriage Act.

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