Validity Of Same-Sex Marriage In India: Past & Future

Akshaya Kishor, PhD. Research Scholar, NIMS University Rajasthan, Jaipur

ABSTRACT

India is the world oldest civilization on Earth. But it doesn’t mean that it is orthodox. The identity and status of homosexuals in the country is changing with the advances in time. The concept of equality is deepened in course of time, from women to deprived classes in our country. Now it's time to give its due to homosexuals or the third gender. Time demands to understand the legal status of this community which is changed with the Navtej Singh Johar v. Union of India1 case. Which decriminalized sex between people of the same gender. People should be aware of homosexuals and their challenges to establish themselves in society.

We hope that the judiciary or parliament make a law to legalise same-sex marriage. As it is the demand of society. In a welfare state, we can't afford to unheard the voice of homosexuals. If our society doesn't play its dew role to understand the demands and rights of these people. Then it will be sabotaging for our society. To give legal status to same-sex marriage is a legal as well as a social issue. Many of the modern and developed countries had already given legal validity to same-sex marriage. We have to do a lot to achieve a more open-minded and rational India.