Ishita Garg & Kanishka Singal, Jindal Global Law School
ABSTRACT
Same-sex marriages have been considered a vital issue globally. This makes it essential to understand the legality of these marriages in Indian society because they impact not only the couple but also the whole society. This paper has discussed a brief history of same-sex marriages, its advocacy in India, its hearing updates, challenges faced by homosexual couples, a brief comparative analysis with South Africa, and thoughts and opinions. It is essential to recognize same sex marriage in modern India and contend that it is a choice to pursue happiness rather than a crime. But it will take some time for society to accept and adjust to this development. In this paper, we recommend that India has the option to either enact legislation or modify the current statutes to acknowledge unions between individuals of the same gender identity.
Keywords: homosexuals, same-sex marriages, legalization, criminalization, sexual behavior.
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