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Navigating Legal And Social Landscapes: The Evolution Of Same-Sex Couples And Their Rights In India




Muthu Meena K, Vellore Institute of Technology, Chennai


ABSTRACT


The colonial era law, the Indian Penal Code, was the statute which had previously criminalized queer relationships and consensual homosexual relationships. After the Supreme Court’s landmark judgment in 2018 in the case of Navtej Singh Johar V. Union of India1, Section 377 of the Indian Penal Code was decriminalized, making it legal for queer people to love whomever they want. Even though it has been more than half a decade since homosexuality was decriminalized in India, queer people still face a lot of struggles in their day-to-day lives which is unknown to many people. This paper delves into the issues that are faced by same-sex couples, including the lack of formal legal recognition of their union and societal acceptance. Additionally, this paper also delves into the progress that has been made by the Indian Society and law makers over the years, while the journey towards full equality and acceptance remains ongoing. This paper also inquiries into how the introduction of a Uniform Civil Code, could potentially facilitate the recognition of same-sex marriages in India and their other personal rights therein.


The objective of this paper is to analyse if people in general are aware about the struggles faced by queer people in India, and to identify what could be done to create more awareness and educate people more on the same.


Keywords: Queer, Marriage, LGBTQ, Society and Struggles.

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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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