A CRITICAL ANALYSIS OF SAME-SEX MARRIAGE IN INDIA

AUTHOR – ADITYA CHAUDHARY, STUDENT AT JEMTEC SCHOOL OF LAW AFFILIATED TO GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY, DWARKA.

BEST CITATION – ADITYA CHAUDHARY, A CRITICAL ANALYSIS OF SAME-SEX MARRIAGE IN INDIA, ILE WEEKLY REVIEW (ILE WR), 1 (3) OF 2023, PG. 38-45, APIS – 3920 – 0037 | ISBN – 978-81-964391-3-2.

Abstract

The fight for equal rights and recognition of homosexuals continues in India. The concept of homosexuality exists in Indian mythology but not in India and homophobia still exists in Indian society. The stigma surrounding homosexuality is a result of the culture and morality people follow and the way people view homosexuality. Although the recognition of homosexuality in our law is a step towards the recognition of gay rights, it is only the beginning of the struggle for equality. Culturally, Indians views on sexuality have not changed. Human rights are the fundamental rights of all people. It is present in all people regardless of race, sex, religion, language, gender or colour. The right to life, freedom, equality and personal dignity are recognized in the Constitution or incorporated into international treaties and enforced by the Government of India. Finally, In 2018 Navtej Singh Johar has brought hope to the LGBT community, which has long fought for their own rights against LGBT people.

Keywords: Same-Sex Marriage, Special Law, Adoption, Discrimination, Sexual Orientation