Abstract

Same-sex marriage is an evolving concept in the societal as well as the legal landscape of India. In recent years, there has been a significant shift in societal attitudes towards LGBTQ+ rights globally, and India is no exception. Despite historic legal battles and progressive judicial rulings, same-sex marriages remain unrecognized under Indian law. This paper aims to explore the historical, cultural, and legal factors contributing to the current status of same-sex marriages in India. The paper will provide a comprehensive analysis of the legal perspective connected with LGBTQ+ rights in India. It will highlight the landmark legal cases and legislative developments that have shaped the discourse around LGBTQ+ rights, including the decriminalization of consensual same-sex relations in 2018 and its aftereffects. The prevailing legal framework governing marriage in India, viz The Hindu Marriage Act, the Special Marriage Act, and personal laws is an important area to be dealt with while talking about same-sex marriages. It scrutinizes the absence of explicit provisions recognizing same-sex marriages and the implications of such exclusion on the rights and identities of LGBTQ+ individuals. It is indicative of the role of international human rights norms and India's obligations under international treaties in influencing domestic policies. The research methodology for investigating the legal landscape of same-sex marriages in India would typically involve a combination of qualitative and doctrinal research methods, mainly focusing on literature review, legal analysis, case studies, and comparative analysis. Additionally, the research assesses the impact of judicial activism and public advocacy campaigns in advancing the cause of same-sex marriages, while also acknowledging the challenges and resistance faced by conservative factions within Indian society.

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