Anam Abbas, Jamia Hamdard, New Delhi
ABSTRACT
Same-sex marriage represents a novel facet of societal transformation within Indian culture, necessitating widespread public awareness. Homosexuality, an enduring concept traced back to the Vedic era, initially enjoyed social acceptance until the implementation of Section 377 of the Indian Penal Code. This legal provision exacerbated the plight of homosexuals, subjecting the entire community to persecution. The landmark Supreme Court ruling in Navtej Singh Johar v. Union of India in 2018 finally secured the rights to privacy and dignity for individuals identifying as homosexual. However, even with the judicial pronouncements, there are sections within the legislative bodies that continue to oppose the idea of same-sex relationships, which is reflected in the case Supriyo Chakrawarti v. Union of India before the Supreme Court. In light of the above, this paper shall be a doctrinal analysis of same-sex marriage in the Indian context. It aims to delineate and elucidate diverse facets of homosexuality, encompassing its evolution, causative factors, societal perceptions, and responses to such relationships. Additionally, the paper extrapolates insights from nations where same-sex marriages are legalized, emphasizing the consequences of both legal acknowledgment and lack thereof for such unions. It also deals with the religious perspective of marriage in different religions. Ultimately, it culminates by contemplating the potential legalization of homosexual marriages in India, drawing upon recent advancements, particularly regarding marital rights, and speculating on the potential future trajectory for action within the country.
Keywords: Same-sex marriage, Homosexuality, legal recognition, India
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