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Redefining The Rights: Examining The Arguments For And Against The Legalisation Of Same-Sex Marriage

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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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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