October 10, 2023

In the modern world and throughout history, marriage has been viewed as an institution that all young individuals should desire to be part of. Marriage has excluded some groups of individuals from the start, yet it is a concept that is so ingrained in society that every individual is supposed to be a part of it.

The nature of homosexuality is inherent and unchangeable. It is a common display of sexual behavior. The society’s pervasive discrimination and violence against homosexuals is a fretting phenomenon.

Every time a group of individuals is included or excluded from being able to marry, a conflict between governmental policy, religion, and societal standards is fought. A contentious topic at the moment is same-sex marriage. Same-sex marriage’s legal acceptance in India is still only a faraway dream for LGBTQ+ couples. The absence of legal recognition exposes individuals to a higher risk of violence and prejudice in addition to denying them access to legal and social benefits.

Same Sex Marriage: Legal Standpoint

The existing same-sex marriage rules in India are written in a way that does not explicitly prohibit same-sex marriage unions. For instance, the Hindu Marriage legislation does not include any language stating that only individuals of the same sex may be married when defining the individuals who will be entitled to marry under the legislation. The only issue with the rules for marriage is the part where it discusses the minimum age requirements for the bride and the groom.

  • The Constitution of India does not expressly recognize the right to marriage as a fundamental or constitutional right.
  • Although marriage is governed by a number of statutory laws, its recognition as a fundamental right only came about as a consequence of Supreme Court of India verdicts.

Same Sex Marriage: Judiciary’s Landmark Judgments

  • In the case of National Legal Service Authority v Union of India, the Supreme Court provided transgender individuals the freedom to identify as of a “third gender” and declared them to be such. This ruling represents a significant advancement in gender equality.
  • In the case of K.S.Putaswammy and Anr v Union of India, the nine-judge Supreme Court panel ruling on the lawsuit challenging the Aadhar card biometric program has been declared unanimous. Given this recent decision, which deemed Section 377 of the Indian Penal Code to be “unconstitutional,” there is some hope for those seeking to legalize homosexuality in India.
  • In the case of Navtej Singh Johar v Union of India, the Supreme Court ruled that it violated people’s right to privacy to make private, consenting sex between adults illegal. Denying one’s sexual orientation would be against their right to life because it is an inherent part of who they are. As a result, Section 377 of the Indian Penal Code was decriminalized, allowing consensual intercourse between two adults irrespective of their gender. It signified an enormous historical shift toward the acceptance of LGBTQ+ people’s fundamental freedoms and rights in India.

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Decriminalization of Section 377 of IPC: Significant Impacts

  • The increasing visibility of LGBTQ+ people and their rights has been one of the decriminalization’s most important effects. As a result, same-sex relationships and different sexual orientations are now better understood and accepted, breaking long-held cultural conventions and prejudices towards LGBTQ+ people.
  • The LGBTQ+ community has been inspired by this to come out and freely identify themselves without worrying about facing legal repercussions. The LGBTQ community now has more chances due to the legalization of homosexuality.
  • As a result, LGBTQ+ organizations and supporters have upped their activism and lobbying activities, raising public awareness of and encouragement for LGBTQ+ rights in India.

Same Sex Marriage: Present Status

The Supreme Court of India in its most recent ruling on Section 377 of the Indian Penal Code has made it easier for same-sex couples to get involved in consenting sexual relations lawfully. But the law is silent if these couples wish to consummate their relationship through the union of marriage. Marriage between people of the same sex is neither illegal nor legal in India at this time. No Indian statute mentions penalties or fines in connection with it. Therefore, the governing body should take action to make such marriages legitimate.

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Same Sex Marriage: Efforts to Promote Legal Recognition

  • Several LGBTQ+ organizations are striving to raise awareness of the issue and advocate for the community’s increased rights and protections. To bring attention to problems facing the community and to advance equality and acceptance, they must organize marches, protests, and campaigns.
  • To preserve the rights of same-sex couples, various organizations are striving to reform laws and policies. They are arguing in favor of anti-discrimination laws, welcoming regulations, and marriage and other same-sex relationships being legally recognized.
  • The LGBTQ+ community can get counseling and support from a number of organizations. These services assist people in dealing with problems like mental health issues, bullying, and prejudice.
  • In order to foster a sense of identity and encouragement among the community, LGBTQ+ groups are also working on this. To make the community feel safe and welcome, they plan events, social occasions, and support groups.


The Supreme Court has presently legalized adults’ consensual homosexual conduct, which has implications for homosexual marriages. It paved the path for same-sex marriage or opened up the door to it. Marriage includes a sexual life. Everyone has the right to select their own life partner without facing any form of discrimination, not even on the basis of gender. Marriages between people of the same sex are now legalized in many countries. The law needs to change as society does and needs to adapt to society.

Regarding the question of whether same-sex marriages are allowed or not, Indian law is silent about it. By not criminalizing same-sex marriages under any legislative legislation, it has not decriminalized them. The moment has come for the government to legalize same-sex unions and pass legislation regulating their unions, adoptions, inheritances, maintenance, etc.

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