Abstract

Marriage has been an essential institution in human society throughout history, and its meaning and purpose have evolved over time. Traditionally, marriage was seen as a union between a man and a woman for the purpose of procreation and raising a family. But in recent years, the definition of marriage has changed to reflect the changing social and cultural norms of modern society. One of the most significant changes to the institution of marriage is the recognition of same-sex marriage, which many countries have legalized, recognizing the rights of LGBTQ+ individuals to form committed relationships and start families. This change in the legal and social status of marriage has brought greater equality and acceptance for LGBTQ+ individuals and challenged traditional notions of marriage. However, in India, same-sex marriage is not yet legally recognized. Article 21 provides the fundamental right to marry, but the state and its machineries are reluctant to consider this right. The demand stated is not for the creation of any new rights, instead the demand is just for the enforcement of the existing right. Legalizing same-sex marriage is an overdue step towards equality and recognition of LGBTQ+ rights. The history of marriage has shown that it is a dynamic institution that has evolved over time, reflecting the changing social, cultural, and religious beliefs of various societies. Denying same-sex couples the right to marry based on traditional beliefs about marriage is unjust and discriminatory. Marriage provides stability and security for individuals and families and is an essential building block of society. Legalizing same-sex marriage recognizes the rights of LGBTQ+ individuals to form committed relationships and start families, bringing greater equality and acceptance.

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