Mainstreaming Same Sex Marriage; Combating Inequality

Abstract

Same sex marriages have been legalized in more than thirty-three countries, including the United States. Some of the countries legalize same sex relationships through marriage, whereas others have legalized same sex relationships through civil partnerships. There are also many countries that have not yet legalized such relationships. Human rights organizations claim that although it’s been seen that a lot of international institutions like UN have also supported it, their ability to carry them out is restricted. In India, the basic history of LGBTQ relationship is extensive. An examination of ancient Indian literature and traditions, notwithstanding the opinions of those who disagree, shows a more progressive society than that which was developed in post-colonial India. The Indian Penal Code (IPC)  was written by the British, who also introduced criminal penalties for same-sex unions. Such interactions were made illegal by Section 377 of Act 1860, which also imposed fines and imprisonment, making the environment unfriendly for those involved. This vulnerable sector was not made easier by India's social structure. India had a similar revolt with the arrival of the 21st century, driven by worldwide movements against discriminatory practices and subjugation. Finally, the Hon’ble Supreme Court of India legalese same-sex partnerships in

The landmark judgment of Navtej Johar; this does not only put a bold outline for the whole nation in the direction of progress; but also, is landmark in sense of the rights relating to privacy of that community. Still, some legislative bodies maintain their opposition to same-sex relationships despite the court's ruling, as demonstrated by a lawsuit that is currently in front of the esteemed court of Delhi High Court. Given the foregoing, this research will analyse the LGBTQ movement in India from a doctrinal standpoint. The primary emphasis will be on the judiciary's viewpoint and the Supreme Court's role in analysing the situation and offering as far as possible the most liberal interpretation in order to protect the rights of this marginalized group. The article will also focus on current events, particularly as they relate to the Delhi High Court case and the issue of marital rights, as well as potential future developments in India.