The same sex marriage refers to the legal acceptance of the union between two person of same sex either (relationships for gay, bisexual, transgender’s & LGBTQ+ ) whereby they have rights , responsibilities, likes and dislikes , priviledges , grant to married gay couples are extended to their same sex mate . Beginning in 2023, same-sex marriages are authorized and performed lawfully in 35 countries with the total population of 1.3 billion people (15% of the total world population). From the early 2000s to the present day, the debate surrounding same-sex marriage has been fueled by legislative changes, including the passing of constitutional amendments in multiple states to either prohibit or allow same-sex marriage. The evolving legal landscape has been closely intertwined with political movements and societal attitudes, shaping the ongoing discourse on marriage equality.

This up growing boost towards marriage equality result in question regarding the impact on same-sex marriage has on particular in families , and on society in general. The rough step of  legalizing same-sex marriage also have negative effect on same-sex families mainly on the young  children’s and other families members. Can same-sex marriage be made legal in personal laws? The word “sex” and children force same-sex couples to be out in multiple areas of lives and recent court cases definite challenge the ideas of same-sex couples do not make fit parents. The controversy surrounding same-sex marriage has not only been a legal and social matter but has also been deeply ingrained in religious debates and arguments. Religious institutions have played a central role in shaping and influencing public discourse on same-sex marriage, with views and opinions varying widely across different faiths and denominations.

In india, the same sex marriage is criminalized by SECTION 377 OF INDIAN PENALL CODE, 1860. And according to various medicial researches it is proved fact that that ‘Homosexuality’ is normal form of human sex behavior. In case of NAVTEZ SINGH V. UOI (2018) has legalized SECTION 377 IPC . But in case of SUPRIYO V. UOI all five judges agree there is no fundamental right to marry and the majority verdict the court has ruled against same sex marriage. Some studies even shown differences between children raised by opposite and those raised by same-sex parents, an very large number strong matches social science research shows otherwise. Children of  same sex parents fare just as well as their similarly situated opposite-sex parents. n addition to the United States, the legalization of same-sex marriage has prompted significant debate in Western queer communities. Academic literature has extensively documented theoretical and legal arguments surrounding this issue, drawing attention to the global scope of the dialogue on same-sex marriage. Homosexuality is mainly seen as a western concept and for us it is very challenging process socially & legally. The ongoing dialogue on this issue is a testament to the evolving landscape of marriage laws, societal attitudes, and the dynamic interplay between various stakeholders.

Keywords – same-sex marriage, sexuality , homosexuals,  indian law , personal laws .


The word ‘Homosexuality’ was firstly invented in the 19th century by a german psychologist, Karoly Maria Bankert. 

India is known for its high culture and diversity. India has been a country that has had a more liberal and glorious past than the present in terms of accepting diverse sexuality. From the medical science point of view, homosexuality is  considered to be a normal variant of human sexual orientation as opposed to mental disorder . Since the 2000s, attitudes on same-sex marriage have rapidly evolved in the US, with support steadily rising and opposition steadily increasing. For the first time since 2011, the public’s support for same-sex marriage became more than 50%, and by the previous decade, it was close to 70%. Assistance for same-sex families rose by 1% to 1.5% annually between 1988 until 2009, and then at an even faster rate. In 2016, 83 percent of Americans between the ages of 18 and 29 said that same-sex families should be followed. As of 2017, 44 states have age support for same-sex marriage, four had plurality assistance, one had age party, one had plurality party government, and one had age party government.

When the Hawaii supreme court ruled that the government law limiting marriage to opposite-sex couples breached the island government law (baehr v. lewin, 1993). Later Hawaii voters passed the government constitutional amendment barring same sex marriage. In 1960, the united states legislature passed the protection of Marriage Act, which permitted states to respond to acknowledge same-sex marriages licensed at different states.

Nevertheless, if family is fundamentally heterosexual, excluding same-sex couples is not inadequate care; same-sex relationship just do not qualify as marriages. One example for the essential heterosexuality of family involves linguistic explanations: Family is by definition heterosexual, but as the bachelor is by definition n divorced person (stainton, mentioned in Mercier 2001) . but that confuses thought and reference. Previous applications of the period need not generate essential and adequate standards for using it : ‘ marriage, like ‘ citizen’, may beoffered to new cases without thereby changing its meaning (Mercier 2001) .


The existence of homosexuality in India dates back thousands of years, as evidenced by the numerous books that discuss it and the sculptures found in caves and temples. For example, 

  1. . The Kamasutra defines men with homosexuals’ aspirations and goes into great depth on their behaviors.
  2. homosexuals’ aspirations and goes into great depth on their behaviors. It describes Lesbian, bisexual, transgender and inter sex people 
  3. The sushrita and charaka samhita also mentions ‘homosexuality’
  4. Mahabharata and Ramayana
  5. Arthasashtra and Manusmriti   

This issue of same sex couples has grown significantly in the last decade. The civil family Act (Bill C-38) legalized one gender wedding at Canada on july 20,2005. Some states and territories had already assumed lawful same-sex marriage , starting with lake in june 2003. At 2011, statistics Canada reported 64575 same sex two families in Canada , higher by 42% from 2006. Of thee about three at ten wre same-sex wedded mates equated to 16.5 per-penny at 2006 (statistics Canada 2012) .  From 1988-2009 assistance for same sex family increased between 1 percent & 1.5 percent each year and acceleration thereafter. As of 2016 , 83 percent of Americans aged 18-29 support this position to follow the same sex marriage . As of 2017 , there is age support for same-sex marriage in 44 states, plurality assistance of 4 states, plurality party in 1 government , and age part at 1 states, plurality assistance at the united state has shifted radically since poling of American people considering this topic wa firstly conducted at 1988.

Assistance for same-sex marriage has steadily matured over this last 15 years. And present, support for same-sex marriage rests near its highest point since pew Research centre started polling on the topic. Using polling in 2019 , the number of Americans (61percent) support same-sex marriage,while 31percent oppose). 

  • Why same-sex marriage should be legalized in India?

 All people , anyway of their sexual adaptation or gender identity , should be able to emjoy the ultimate rage of human rights , including the RIGHT TO MARRY WITH HIS / HER CHOICE . It highlights the significance of guaranteeing everyone , regardless of sexual orientation, equal rights & opportunities. Proponents of legalizing same-sex unions frequently contented that opportunity to wed amounts to discrimination and a violation of their basic human rights. The argument in support of legalizing same-sex marriage is highlighted by the statement, “same-sex marriage” should be legalized because everyone, particularly the LGBTQ+ community , has the right to acquire liberty, freedom, and most important the equality.” It highlight the significance of guaranteeing everyone, regardless of sexual orientation , equal rights and opportunity.

  • Why same-sex marriage should not be legalized in India?

A conventional marriage between a man and women is what many people think of . God made man and women to be obedient to one another and to bear fruit. Same-sex marriage conflicts with many religious groups’ sacred scriptures , customs, and beliefs since it is against god’s word and the laws of nature . SECTION 377 of the Indian Penal Code, which is criminalized homosexuality in india, was struck down by the supreme court of india in 2018 , which was a major victory for LGBTQ+ rights in the country . the permit of homosexuality don’t legalize same-sex marriages..



The Supreme Court of India made history with its landmark judgment ruling in 5SCC 438, which recognized “third-gender” and granted them the freedom to identify as such. This ruling represents a significant advancement in gender equality.


The Delhi High Court received a public interest lawsuit from Te Naz  Foundation India, a non-governmental organization dedicated to HIV/AIDS intervention and prevention , contesting the constitutionally Section 377 of the Indian Penal Code , which outlaws any “unnatural” sexual act – defined as sex other than heterosexual intercourse .The Delhi High Court dismissed the original writ petition  in 2004 for lack of a cause of action.

The Delhi High Court judgment held Section 377 of Indian Penal Code unconstitutional because it is violation of Article 14 & Article 15& 21 unconstitutional.


Section 377 of Indian Penal Code is being challenged by Navtej Singh johar on the ground that it infringers upon his constitutional rights to equality, privacy, freedom of expression , human dignity, and protection from discrimination. The court ruled that it violated an adult’s right to privacy to make having consenting intercourse in secret illegal. Denying someone their sexual orientation would be a violation of their right to life because it is an innate aspect of self-identity.     

4 . In Case of SUPRIYO V. UNION OF INDIA (2023)

Despite the Supreme Court’s refusal to allow same-sex union’s , the constitution Bench ruling is a powerful move towards silencing those who oppose it on the grounds that genderqueerness and homosexuality are not union.


We can draw the conclusion that there are insufficient legal protections for the fundamental rights and human rights of individuals who identify as LGBTQ+. authorized for consenting adult user similar to those of heterosexual pairs. A polygyny us union ought to not be allowed unless personal laws (polygyny in Muslim law) approve it. The pair ought to possess all the privileges accorded to heterosexual spouses. A same-sex couple’s fundamental rights are violated when their marital privileges are denied. Their enjoyment of any of the fundamental rights since they are all connected. Their lack of the necessary resources violates their right to life. freedom to decide if marriage is what they desire. I believe that legalizing same-sex marriage is the next logical step toward achieving the objectives of human rights for the reasons mentioned above. Not only is it urgently necessary, but it also serves to safeguard gays’ fundamental rights in general. Since a sudden change to the marital rules can be extremely disruptive, it is crucial to modify current laws or make new ones without completely changing the marriage laws. As the legal community says, “Justice postponed is justice denied,” it is best if we have sufficient marriage laws in place as soon as possible.

Author:- HEMANT TOLANI, a Student of – Lakhmi Chand Institute of technology  

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