INDIA’S STRUGGLE FOR SAME-SEX MARRIAGE: A BATTLE FOR RIGHTS AND DIGNITY

AUTHOR : BHAGYASHRI DEEPAK KHEDEKAR INSTITUTIONAL AFFILIATION: SMT.K.G.SHA LAW SCHOOL

INDIA’S STRUGGLE FOR SAME-SEX MARRIAGE: A BATTLE FOR RIGHTS AND DIGNITY

ABSTRACT:

India’s LGBTQ+ community has fought long and hard for equal rights, with the battle for same-sex marriage recognition marking a pivotal chapter. Despite the historic decriminalization of homosexuality in 2018, marriage equality remains elusive. This article examines the legal, social, and cultural dimensions of this struggle, exploring constitutional principles, societal resistance, and global parallels. It also delves into landmark cases such as Supriyo v. Union of India (2023), analysing their implications and the road ahead for legislative reform. By situating India’s challenges within a broader international framework, this study highlights the necessity of marriage equality for ensuring human dignity and upholding constitutional promises.

Keywords: Same-sex marriage, LGBTQ+ rights, India, constitutional equality, human dignity.

INTRODUCTION:

India, a nation celebrated for its diversity, faces a conundrum when it comes to recognizing same-sex marriages. While the decriminalization of homosexuality in Navtej Singh Johar v. Union of India (2018) marked a watershed moment, marriage equality remains out of reach. This exclusion leaves millions of LGBTQ+ individuals without legal recognition of their unions, perpetuating systemic inequality.

This paper explores the multifaceted aspects of this issue, focusing on legal battles, societal attitudes, and the global context. The primary objective is to underscore why marriage equality matters—not just as a legal right, but as a symbol of societal acceptance and dignity.

LITERATURE REVIEW:

Significant legal advancements in LGBTQ+ rights have been made worldwide. Countries such as South Africa, Brazil, and Taiwan, despite their cultural and religious complexities, have embraced same-sex marriage. These precedents highlight the feasibility of balancing tradition with progress.

In India, Navtej Singh Johar decriminalized homosexuality but stopped short of addressing broader rights like marriage. Subsequent petitions in cases like Supriyo v. Union of India (2023) illustrate ongoing efforts to challenge discriminatory laws. Scholars argue that the denial of marriage equality violates constitutional guarantees under Articles 14, 15, and 21. However, cultural resistance and governmental opposition continue to pose challenges.

METHODOLOGY:

This study adopts a qualitative approach, analysing legal judgments, academic writings, and international precedents. By examining primary sources like court rulings and secondary sources such as scholarly articles, the research aims to provide a comprehensive view of the issue.

THE LEGAL LANDSCAPE: 

The journey towards marriage equality began with Navtej Singh Johar, where Section 377 was struck down. However, subsequent efforts to extend rights to marriage, adoption, and inheritance have faced resistance.

In Supriyo v. Union of India (2023), the Supreme Court recognized the need for legal protections for queer relationships but deferred the decision on marriage to Parliament. This reflects a cautious approach, balancing judicial activism with legislative prerogative.

THE FIGHT FOR MARRIAGE EQUALITY:

Petitioners advocating for same-sex marriage argue that existing laws like the Special Marriage Act, 1954, must be interpreted inclusively. Denial of these rights infringes on constitutional principles of equality, dignity, and personal autonomy.

Conversely, the government’s stance emphasizes traditional definitions of marriage as a union between a man and a woman, arguing that any change should stem from the legislature.

SOCIAL AND CULTURAL BARRIERS:

Marriage in India transcends legalities, deeply rooted in cultural and religious practices. For many, same-sex unions challenge conventional norms of gender roles and family structures.

Urban centers have shown growing acceptance, with pride parades and media representation playing pivotal roles. Yet, in rural areas, LGBTQ+ individuals continue to face stigma, discrimination, and violence.

WHY MARRIAGE EQUALITY MATTERS:

Marriage is not merely a personal milestone but a legal institution conferring numerous rights—from property ownership to medical decision-making. Denying these rights perpetuates inequality and invalidates the experiences of LGBTQ+ individuals.

Recognizing same-sex marriages would affirm the universality of love and commitment, challenging societal prejudices and fostering inclusivity.

GLOBAL PERSPECTIVE:

Over 30 nations have legalized same-sex marriage, demonstrating that equality can coexist with cultural and religious diversity. India’s commitment to human rights obligates it to follow suit, setting a precedent for inclusivity in a democratic framework.

FINDINGS:

Legal Inconsistencies: India’s judiciary acknowledges the existence of queer relationships but stops short of granting full marital rights.

Social Progress: Urban acceptance is growing, yet rural areas lag behind.

International Comparisons: Global trends show that marriage equality fosters broader societal acceptance of LGBTQ+ rights.

DISCUSSION:

The resistance to same-sex marriage in India highlights the tension between progressive constitutional interpretations and entrenched societal norms. While the judiciary plays a crucial role in upholding rights, legislative action is essential for lasting reform.

LIMITATIONS:

This study primarily focuses on legal and societal dimensions, with limited exploration of the economic implications of marriage equality. Future research could examine these aspects in greater detail.

IMPLICATIONS:

Legalizing same-sex marriage would reaffirm India’s democratic values, promoting equality and human dignity. It would also serve as a catalyst for broader social change, normalizing LGBTQ+ relationships and reducing stigma.

REFERENCES:

Navtej Singh Johar v. Union of India, AIR 2018 SC 4321.

Supriyo v. Union of India, (2023).

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