Redefining The Rights: Examining The Arguments For And Against The Legalisation Of Same-Sex Marriage
- IJLLR Journal
- Nov 9, 2023
- 1 min read
Redefining The Rights: Examining The Arguments For And Against The Legalisation Of Same-Sex Marriages In India
Vedika Suradkar, Maharashtra National Law University, Aurangabad
ABSTRACT
The purpose of this research paper is to provide the arguments and discussions in favour of and against the legalisation of same-sex marriages by understanding both perspectives as well as critically analysing them along with religious beliefs and social values based on Indian society. This paper also aims to provide insight while highlighting the key points by reviewing articles, landmark judgements, reports and public opinions for crystalising the dimensions and complexity of different opinions from various stakeholders for the above-mention debate.
Same-sex marriage refers to the idea of homosexual partners those who belong to the same gender getting married, living together and having a family just like heterosexual couples while critics are opossed to the idea considering it going against the sacredness of a marriage which is a union of a male and a female to procreate.
The Supreme Court of India has decided to look into this matter after hearing both the sides of the petitioner and respondent concerning the provisions of The Special Marriage Act,1954. The court has chosen to reserve its verdict regarding the legality of same-sex marriages.
Despite the decriminalisation of homosexuality in India, problems are being faced by the LGBTQ+ population in India as they have to struggle with various aspects challenging their social acceptance questioning their existence, absence of certain legal privileges, violence and hate crimes against their community, etc.
Keywords: Legalisation, Supreme Court, Homosexuality, The Special Marriage Act,1954 etc
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