The Need For Legalising Same-Sex Marriage In India: A Future Possibility Or A Possible Apprehension?

Nivedita Baraily, Indian Institute of Legal Studies

ABSTRACT

Marriage has always been considered holy, whether sacrament or contract. It is an intrinsic union between two ‘individuals’. In most developed nations, marriage as a union between a man and a woman is gradually being replaced by, the union between two persons or individuals irrespective of gender. However, the Indian Law is ambiguous whether same-sex marriage is legal, and if made legal then what would be the marital rights and consequences. Homosexuality is usually seen as a western concept and accepting the same is challenging socially and legally. After the magnanimous judgment of decriminalising homosexuality, the next appropriate step seems the legalising of same-sex marriage. There are two pressing questions in this regard. Can same-sex marriage be made legal in personal laws? Should there be a new law altogether to govern the marital rights arising out of same-sex marriage? The word “sex” and anything related proximately to the said term is considered taboo. The various forms of human sexuality are seldom discussed, let alone at the academic forefront. This paper deals with understanding human sexuality and the need for introducing and legalising same-sex marriage.

Keywords: Same-sex marriage, Sexuality, Indian Law, Personal Laws