Unveiling Equality: Paving the Way for Inclusive Marriage Rights

Publication Information

Book Title: Marriages and Divorces in Indian Society
ISBN: 978-81-956533-4-8
Author(s): Dr. Jai Mala & Shivanshi Thakur
Published On: 22/07/2023
First Page: 57
Last Page: 72
Publisher: The Law Brigade Publisher

DOI: https://doi.org/10.55662/book.2023MDIS.005

Cite this Article

Dr. Jai Mala & Shivanshi Thakur, Unveiling Equality: Paving the Way for Inclusive Marriage Rights, 57-72, Published on 22/07/2023, https://doi.org/10.55662/book.2023MDIS.005 Available at https://books.thelawbrigade.com/marriage-and-divorces/unveiling-equality-paving-the-way-for-inclusive-marriage-rights/



Homosexuality stands as one of the most contentious and hotly debated topics across the globe and also delves deep into the realms of human rights. Amidst a world where 80% find themselves as heterosexual, 3% as homosexual, and 4% as bisexual, these statistics alone testify to the undeniable presence of diverse sexual orientations in society. While the Indian landmark judgment of Navtej Singh Johar decriminalized consensual homosexual acts among adults, the journey towards establishing a chosen matrimonial union remains fraught with challenges stemming from social stigma, religious constraints, political complexities, and legal loopholes. Marriage, considered a sacred bond under Hindu personal law, transcends mere physical union and is widely revered as the union of two souls. In a nation that upholds the principles of freedom, life, liberty, and dignity for all its citizens, why does the right to marry an individual of the same sex lag behind? This study explores the historical acceptance of homosexuality in ancient Indian and foreign texts and highlights the pressing need for equal marriage rights, adoption privileges, and divorce entitlements for the LGBT+ community. Furthermore, it examines pivotal judicial precedents that underscore the recognition of their status by the Indian judiciary. This research aims to chart a path towards the legalization of same-sex marriages while ensuring harmonious coexistence and upholding personal laws. By addressing these critical issues, we strive for a society where the unification of two minds transcends the barriers of sexual orientation, ushering in a new era of equality and social justice.

Keywords: Legalising LGBTQIA Marriages, Homosexuality, same-sex marriages, LGBT+ Rights in India

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