Homosexual’s Right to Marry – Has India truly accepted their existence?

Nikita Ninad Bokil
Symbiosis Law School, Pune, India

Volume II – Issue I, 2020

India is a land of customs and traditions and one of defining feature which makes India stand out among the other league nations is its tradition of family. In India, the concept of a family plays an important role as major laws and regulations are formulated keeping in mind the concept of family in our country. Every individual of the country should have a right of a family which includes parents, children, life partner. When we talk about citizens of a country, it should include every person and not be discriminative on the basis of religion, gender, etc. In the year 2018, India witnessed a historic judgement as the Supreme Court held section 377 of the Indian Penal Code to be unconstitutional and allowed the relations of same sex couples, also known as the homosexuals. On side when we acknowledge the existence of such homosexual couples, a big question lies in front of the society and the law makers that are we ready to give them all the rights that they need? In this paper, a detailed study of the homosexual’s right to a proper family is done, which includes; right to marry the person of their own choice, right to a child, right to adoption, many more personal family rights. Every person deserves the happiness of a family, and by the fact of being different should not dissolve a person from such rights. This paper also highlights the positions of homosexual’s right to a family in different countries and also provides with suggestions to improve the condition of their rights in India.

Keywords: Homosexuals, Marriage, Family, Section 377, consent, choice.

Methodology: This paper is primarily based on secondary research, from online database resources, and personal experiences of few people from the society.


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