Same-Sex Marriage & Need For Legislation

Abhay Aggarwal, Lloyd Law College, Greater Noida

Introduction

Even though the majority of marriage laws utilise gender-neutral terminology, marriage is a prevalent cultural bond that is only known as male-female. Even though homosexual weddings have only recently become widely accepted, culture is gradually more indulgent. This change is also shown in Navtej Singh V. Union of India1, where the Supreme Court overturned Section 377 of the IPC.

Same-sex marriage is the custom of getting hitched by a man or a woman. The legal and, societal reactions to same-sex marriage have ranged from jubilation on the one hand to punishment on the other, even though it has been prohibited by law, religion, and custom in the majority of the world's nations. However, several states have maintained their constitutional restrictions on homosexual marriages despite numerous protests from individuals and groups who argue that same-sex marriage must be permitted. Additionally, same-sex partnerships are not legally recognised in many nations, including India. As a result, homosexual couples, regardless of their relationship length, are denied many of the legal and financial benefits that come automatically with marriage status.

These include employment opportunities, the ability to file joint tax returns, health benefits, and rights resulting from a partner's death, such as international inheritance, etc. They may also be especially pertinent in light of the AIDS epidemic. Patriarchal de facto marriages are backed by all of these benefits in general culture, but gay people cannot take advantage of them.