Priya Singh, Army Law College, Pune
ABSTRACT
No branch of law was established in its entirety overnight, and neither can there be a strait jacket formula to enacting a law which is fault proof however, a state of deprivation of rights is bound to be remedied. The Indian legal system over the years has showcased non-conformity to strict compartments in order to facilitate growth for the welfare of its subjects and their dynamics. The rights of the LGBTQ+ community have been gaining recognition over the past two decades and continue to grow as newer facets of an egalitarian society are unveiled. The recognition of same-sex marriages is currently in dispute, this article aims to cull out the most compelling arguments advanced before the court and analyse the reason behind the judgement being reserved in light of the existing precedents. The author aims to briefly address all the relevant points of law and suggest an alternative approach to arrive at a solution.
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