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Contemporary Issues In The Indian Family System: Same-Sex Marriage




Yashika Parmar & Bhavya Gehlot

ABSTRACT

The data and methodology accessible to researchers studying same-sex partnerships have been restricted, even though research on same-sex couples has influenced legislative discussions and legal decisions that have a considerable impact on families. The Indian Penal Code, which the British created, is to blame for the criminalization of same-sex relationships. Such relationships became unlawful under Section 377, were subject to penalty and jail, and a hostile environment was created for such people. In the famous Navtej Johar case, the Indian Supreme Court decriminalized same-sex relationships, and the privacy ruling established a strong foundation for the community to advance its rights and sense of self. Despite the court ruling, there are still certain members of the legislature who are against the idea of same-sex relationships, as shown by a case that was brought before the Delhi High Court. The talk will be a doctrinal analysis of the LGBTQ movement in India considering the aforementioned. The focus will primarily be on the judicial viewpoint and the Supreme Court's contribution to the analysis and liberal interpretation to protect the interests of this underrepresented group.

Keywords: marriage, same-sex, LGBTQ rights, Navtej Johar, privacy, India

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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