Cooperative Federalism: A Way Forward For Homosexual Rights In India With A Special Focus On Same-Sex Marriage
- IJLLR Journal
- 20 hours ago
- 1 min read
Dr. Varun Srivastava, Amity University Noida
Disha Sharma, Amity University, Noida
ABSTRACT
This paper explores the potential of cooperative federalism as a framework to advance homosexual rights in India, with a particular focus on the recognition and legalization of same-sex marriage. Despite significant progress in LGBTQ+ rights, including the decriminalization of homosexuality in 20181, same-sex marriage remains unrecognized under Indian law2.
This research investigates how cooperative federalism an approach that emphasizes collaboration between central and state governments can address this legal and social challenge. By analyzing comparative models from other federal systems and examining the socio-legal landscape of India, the paper argues that cooperative federalism can facilitate a more inclusive and equitable recognition of same-sex marriages. Drawing lessons from federal systems like the United States and Germany, where cooperative federalism has played a crucial role in advancing homosexual rights, this paper justifies its application in the Indian context. In the United States, for example, the interplay between state legislation and federal directives ultimately led to the nationwide recognition of same sex marriage through the Supreme Court’s decision in Obergefell v. Hodges (2015)3. Similarly, in Germany, the federal structure allowed for regional variations in the recognition of same-co- partnership before the federal government enacted a uniform law legalizing same-sex marriage.4 These examples demonstrate how cooperative federalism can enable gradual legal reforms, fostering consensus and bridging regional differences.
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