Sarmita Guha, Vel Tech Rangarajan Dr.Sagunthala R&D Institute of Science and Technology
ABSTRACT
The decriminalization of homosexuality in India marked a pivotal step in the year 2018, as the Supreme Court overturned Section 377 of the Indian Penal Code in the landmark case of Navtej Singh Johar vs. Union of India1. The historical judgment has not only challenged the remarks of British colonial- era laws that had criminalized consensual same-sex relationships for decades but also profoundly paved a new era of inclusivity and equality for the LGBTQ+ community. While decriminalization was a significant step towards LGBTQ+ rights, the absence of marriage equality became a lacuna in legal recognition by the state. However, the hon’ble court, in a recent judgment of Supriya Chakraborty vs. Union in India2, declined to recognize the rights of same-sex couples to marry or have civil unions within the nation. This has left an issue related to the status of same-sex marriage in India in a state of uncertainty that has led to the absence of specific legislation, recognition and regulation also the same sex unions have led to challenges in obtaining legal rights and benefits for such couples like inheritance, property rights and spousal benefits which not only limit their individual rights but also lead to a limitation in the recognition of the legal rights of the children of same-sex couples. "Fiat justitia ruat caelum" (Let justice be done though the heavens fall) highlights the crucial need for comprehensive reforms ahead. These reforms should extend beyond merely striking down legal barriers in order to encompass addressing societal acceptance and understanding of the concept. The progression from decriminalization to the prospect of marriage equality turned out to be a dynamic change in both the legal landscape and societal attitudes. This article is based on a doctrine and empirical method that aim to analyse the equality of the LGBTQ+ community3, emphasizing the importance of legal recognition and social acceptance.
Keywords: decriminalisation, homosexuality, same sex marriage, LGBTQ+ rights, Law.
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