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Legalisation Of Same Sex Marriage In India




Anshika Rastogi, Amity University, Lucknow


ABSTRACT


The legalisation of same-sex marriage in India is the subject of this research study, which focuses on its social, legal, and constitutional ramifications. The Supreme Court of India decriminalised homosexuality in 2018, which significantly accelerated the conversation on recognising and legalising same-sex unions. This study outlines the increasing acceptability and legal changes in many jurisdictions while examining the historical context and global viewpoints on same-sex marriage.


The study examines pertinent laws, court rulings, and constitutional clauses to present a general overview of India's existing legal system as it relates to marriage and LGBTQ+ rights. It also explores public perceptions of homosexuality and same-sex relationships, illuminating the predominating prejudices, cultural norms, and religious viewpoints that influence the conversation on marriage equality.


This study uses a multidisciplinary approach to integrate legal analysis, social science research, and human rights views to assess the possible advantages and difficulties of same-sex marriage legalisation in India. It looks at the effects on the mental and physical health of LGBTQ+ people, the idea of family and kinship, and the defence of personal liberties and rights.


The study also examines the successes and failures of nations that have already accepted same-sex unions, providing perspectives on the potential repercussions for Indian society. It looks into the governmental and legal reforms required to guarantee the effective enforcement of marriage equality as well as any potential problems that might develop with cultural and religious norms.


In conclusion, by offering a thorough examination of the social, legal, and constitutional components, this research contributes to the ongoing discussion around the legalisation of samesex marriage in India. Policymakers, attorneys, and campaigners can engage in meaningful discussions about the expansion of rights and the pursuit of equality for all citizens, regardless of their sexual orientation, by having a thorough knowledge of the nuances involved.


Keywords: Decriminalised, Homosexuality, Pertinent, Predominating, Policymakers, LGBTQ

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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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