Kavya Bhatnagar, National Law University, Odisha
INTRODUCTION
Even after major legal advancements, including the decriminalization of homosexuality in the landmark 2018 Supreme Court ruling striking off Section 377 of the Indian Penal Code, Indian law does not yet recognize same-sex unions. This article examines same-sex marriage's current situation in India, the legal disputes around it, and the implications of recent court rulings. An issue that has been in debate is the legalization of same-sex marriages, and this forms a part of broader discourses on attitudes around in society towards LGBTQ+ rights and family structures.
This paper investigates the probable influence that the legal recognition of same -sex marriage may have on tradition family structures and dynamics in Indian society by posing the research question: In what ways would the legalization of same-sex marriage influence the traditional family structures and dynamics in Indian society?
India has yet to legalise same-sex marriages, while the definition of marriage is still defined as union between a man and a woman. While the Supreme Court ruling in 2018 declared that consensual same-sex relationships are no longer crimes was a landmark victory for LGBTQ+ rights advocates and allies, such liberalization came not one step further into marriage rights. Indian laws historically have strongly defined marriage as a union between a man and a woman. Even in civil marriages, which are governed by the Special Marriage Act of 1954 in India, same-sex unions are not recognized. By denying legal recognition to same-sex marriages, LGBTQ+ couples are deprived of all rights and privileges that marriage yields, such as inheritance, adoption, or tax benefits.
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