Nirmala Nagarkoti, Lovely Professional University, Phagwara, Punjab
ABSTRACT
The right to equality is one of human right and there should no discrimination on the basis of sexual orientation. As we know that law is dynamic in nature so the laws should always enact which fulfill and gives the basic rights to everyone. The LGBTQI community is not very new to any country or society, they are existing from the very early time of human civilization, so they should not deprive of any human right which they are equally entitle for; and these human rights such as right to equality right against discrimination are vested upon every person by virtue of being a human. So there is a need of proper legislation which will govern the same sex marriages because getting married and have a family is also a human right. Marriage is such form of relationship which not only gives them a valid and moral way to live in the society in fact it is a way to live morally and peacefully in the society.
After hitting section 377, the question of the legality of gay marriage is still being considered by the Delhi High Court in the case of Abhijeet Iyer Mitra v. Union of India. The decision will have far-reaching consequences. The research methodology used in this study is informative and includes a review of the books available in the Legal Books, Legal Journals, and the Internet.
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