Headline of the Article:
Author: Chapati Meghana 3 ydc LLB 2nd year
To The point:
Now a days at a present emergey trending a same sex Marriage.
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2025, marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 billion people (20% of the world’s population). The most recent jurisdiction to legalize same-sex marriage is Thailand.
Same-sex marriage is legally recognized in a large majority of the world’s developed countries; notable exceptions are Italy, Japan, South Korea and the Czech Republic. Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. Some countries, such as Nigeria and Russia, restrict advocacy for same-sex marriage.A few of these are among the 35 countries (as of 2023) that constitutionally define marriage to prevent marriage between couples of the same sex, with most of those provisions enacted in recent decades as a preventative measure. Other countries have constitutionally mandated Islamic law, which is generally interpreted as prohibiting marriage between same-sex couples.
The proof:
same-sex marriage can be found in various legal, social, and cultural contexts. Here are some key points:
Legal Recognition
Navtej Singh V. Union of India: The Supreme Court of India decriminalized homosexuality in 2018, striking down Section 377 of the Indian Penal Code .
The Special Marriages Act, 1954: This act provides a secular framework for marriages, which could potentially be amended to include same-sex couples .
Social and Cultural Acceptance
– Historical Evidence: Ancient Indian texts, such as the Rig Veda and the Kamasutra, depict same-sex relationships and activities.
Modern-Day Recognition: Many countries, including the Netherlands, Belgium, Canada, and the United States, have legalized same-
Use of legal jargon:
– *Section 377 of the Indian Penal Code (IPC)*: This section criminalized homosexual acts until it was partially struck down by the Supreme Court in 2018 ¹.
– *Special Marriage Act, 1954*: This act provides a legal framework for marriages between individuals of different religions or castes. However, it does not explicitly recognize same-sex marriages ¹.
– *Hindu Marriage Act*: This act governs marriages among Hindus, but it does not explicitly prohibit or recognize same-sex marriages ².
Personal laws: These laws govern family and marriage matters for different religious communities in India. They do not currently recognize same-sex marriages .
Fundamental rights: The Indian Constitution guarantees certain fundamental rights, including the right to equality and the right to life and liberty. These rights have been interpreted to include the right to marry and form a family .
NALSA judgment: In 2014, the Supreme Court recognized the rights of transgender individuals, including their right to marry and form a family .
– Article 21 of the Constitution: This article guarantees the right to life and liberty, which has been interpreted to include the right to marry and form a family.
Proofs of the :
In March 2023, the Government of India argued in its affidavit in response to a Supreme Court decision to examine petitions on same-sex marriage that any change in human relationships should come from the legislature, not the court. In this context, understand the stand of the government with respect to same-sex marriages in India in this article.
In most countries, same-sex marriages are constrained by legal, religious, and cultural norms.
A total of 34 nations, including Andorra, have legalised same-sex marriage as of 2023, encompassing around 1.35 billion people (17% of the world’s population).
Central Government’s Stand on Same-sex Marriages
Marriage between a biological man and a biological woman is a “sacred union, a sacrament, and a sanskar” in India, claims the government.
According to the government, the court’s 2018 decision in the Navtej Singh Johar case simply decriminalized same-sex sexual activity, not legally Also Read 377.
Abstract:
Same-Sex Marriage in the United States
This abstract discusses the impact of same-sex marriage on families and society, and how the uneven pace of legalization has affected same-sex families.
Mental health effects of same‐sex marriage legalization:
This abstract examines how legalizing same-sex marriage in the Netherlands improved the mental health of sexual minorities.
The Need for Legalising Same-Sex Marriage in India
This abstract discusses the need for legalizing same-sex marriage in India, and the challenges of accepting homosexuality in a social and legal context.
Other topics related to same-sex marriage:
Perceived psychosocial impacts of legalized same-sex marriage
This review examines the impact of same-sex marriage on the perceptions and experiences of same-sex couples.
Effects of Same-Sex Marriage Legalization for Sexual Minority Men
This study examines the effects of same-sex marriage legalization on depressive symptoms, sexual minority stress, and disclosure to friends and family. About the 1954 Special Marriage Act (SMA):
It is the law that was passed in India to formally recognise and record interfaith and intercaste unions.
It makes it possible for two people to make a legal agreement to legally wed one another.
The Act does not mandate the observance of religious rites.
This Act regulates marriages between Hindus, Christians, Muslims, Sikhs, Jains, and Buddhists.
This Act applies to Indian nationals living abroad as well as Indian residents of various castes and religions.
Case laws :
The recent case for same-sex marriage in India is Supriyo @ Supriya Chakraborty & Anr. V. Union of India (2023). This case was heard by a five-judge Constitution Bench of the Supreme Court, consisting of Chief Justice D.Y. Chandrachud, Justices Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli, and P.S. Narasimha .
The petitioners, Supriyo Chakraborty and Abhay Dang, and Parth Phiroze Merhotra and Uday Raj Anand, sought legal recognition of same-sex marriages in India. They argued that the Special Marriage Act, 1954, which does not recognize same-sex marriages, is unconstitutional and discriminatory .
The Supreme Court, however, unanimously held that the Constitution does not guarantee an unqualified right to marriage as a fundamental freedom. The court also stated that the right to marry is a statutory right and not a fundamental right .
Conclusion:
same-sex marriage is clear: it’s a fundamental human right that deserves to be recognized and respected. Legalizing same-sex marriage provides numerous benefits, including Legal Rights Protection for same-sex couples, allowing them to enjoy tax breaks, inherit property, and make medical decisions for each other.
Additionally, same-sex marriage Supports Family Values, allowing gay and lesbian couples to start families and raise children in a loving and stable environment. Research has shown that children raised by same-sex parents are just as happy and healthy as those raised by opposite-sex parents
Same-Sex Marriage Does Not Harm the Institution of Marriage. In fact, studies have shown that legalizing same-sex marriage has no negative impact on divorce rates, marriage rates, or abortion rates .
FAQ:
1,What is the current status of same-sex marriage in India?
The Supreme Court of India has rejected petitions to legalize same-sex marriage, citing that the court cannot strike down or read words into the Special Marriage Act (SMA) 1954 to include same-sex members .
2,Is same-sex marriage legal in other countries?
Yes, many countries have legalized same-sex marriage, including Canada, the United States, Argentina, Brazil, and several European countries ¹.
3,What are the arguments against same-sex marriage?
Some arguments against same-sex marriage include the idea that marriage is an institution designed for procreation and that same-sex couples cannot biologically produce children. Others argue that same-sex marriage would undermine traditional marriage and family values .
