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The Legal Recognition Of Same-Sex Marriages And Its Implications For The LGBTQ+ Community

Same sex marriage will look into the crucial turning point for LGBTQ+ rights from the perspectives of law, society, culture and psychology. This article offers a thorough and nuanced assessment of the effects of socially and legally recognising same-sex marriages. It will help to broaden knowledge on LGBTQ+ rights and promote a more inclusive and equal society for all people, regardless of their sexual orientation or gender identity. Same-sex marriages are marriages of people who are of the same gender

 These marriages are performed by LGBTQ+ community, who are looked down upon by the society. Being L(Lesbian), G(Gay), B(Bisexual), T(Transgender) or something else is neither a "problem" nor a "choice" in and of itself. LGBTQ+ people just have sexual preferences that are different from what may be considered the "norm.". People from these communities are constantly fighting for their rights and also gaining success in multiple steps. Even though there are ongoing initiatives to recognise and legalise same-sex marriages in India, they are not officially accepted.

Legalising same-sex marriages would not only give LGBTQ+ couples legal recognition and protection, but it would also encourage greater societal acceptance and lessen prejudice against the group. Why shouldn't someone who is LGBT be able to live in this society with respect if normal men and women have the freedom to do so? why same sex marriage is not legal? It doesn't matter what our faith says; what matters is what mankind says.

If we consider religion from a Hindu perspective, Lord Rama granted the hijras (part of LGBTQ+) a boon in exchange for their allegiance, which is why the curse or boon of the hijras has great significance to ordinary people. The legalisation of same-sex marriages and its effects on the LGBTQ+ population are thoroughly analysed in this study piece.

Legal Scenery
The legalisation of same-sex marriages will have huge ramifications for the LGBTQ+ community and represents a major advance in the fight for equality and acceptance. It will give individuals access to fundamental legal protections and obligations, including as inheritance rights, control over medical treatment, tax benefits, adoption, fostering, and assisted reproductive technologies etc. This not only gives same-sex couples a sense of security and stability, but it also acknowledges their equality and social contribution. Additionally, the social acceptance of same-sex weddings is significantly impacted by legal acknowledgment of such marriages.

It dispels misconceptions and promotes a more open-minded comprehension of various interpersonal connections. Giving same-sex couples the same legal protection as heterosexual couples have a significant positive impact on the LGBTQ+. It inspires society as a whole to accept and cherish the love and fidelity shared by all couples, irrespective of their sexual orientation or gender identity.

Same-sex marriages are not recognised by the Indian legal system, which defines marriage as a marriage of a man and a woman. The Supreme Court of India invalidated Section 377 of the Indian Penal Code[1], which made homosexuality a crime, in 2018, which was a significant victory for LGBTQ+ rights in the nation. However, same-sex weddings were not made lawful by the decriminalisation of homosexuality. The Personal Data Protection Bill, which the Indian government unveiled in 2020, has a clause that acknowledges the right to privacy as a basic right.[2]

This clause, according to some legal experts, should be used to support the legalisation of same-sex marriages because it acknowledges the right of people to regulate their own lives. 134 countries including India have decriminalised Homosexuality but only 34 countries have made same sex marriage legal (USA being the 1st country which issued marriage licence to same sex couple in 1971). So, India is not alone in this fight, many countries are facing the same dilemma. [3]

All people, regardless of their sexual orientation, should have the right to choose who they marry and should be allowed to enjoy the same legal benefits and protections as heterosexual couples. It is against their fundamental rights and freedoms to deny people the right to marry based on their sexual orientation. As such, it is inconsistent with the secularism and democratic principles upon which India was founded.

Social and Cultural Attitude
In India, marriage is seen as a sacred institution from a cultural perspective. It is perceived as a way to carry on family tradition and genealogy and as a social contract between two families. Same-sex partnerships are not frequently tolerated in traditional Indian society, which is predominately conservative.

"Marriage serves quite different purposes. Fundamentally, marriage is a partnership between a man and a woman, specially to procreate children. A same-sex partnership may be referred to as a union or an affiliation but never as marriage, according to former Supreme Court justice Kurian Joseph.

According to Indian and international activists who estimate the LGBTQ+ population in India at 135 million, or 10% of the country's 1.4 billion people, the LGBTQ+ community there is thought to be the largest in the world. But when it comes to issues of romance, sex, and marriage, the nation continues to be conservative. Hence it is the issue of happiness of around 135 million people.

Only in the last few decades, as the visibility of same-sex couples has increased, showing that Indian culture begun to accept same-sex relationships. LGBTQ+ were present in the society from beginning but they don't have that courage to accept themselves in front of the society. But now as society is growing, they are become confident enough to face it. The government has also taken steps like reservation of jobs for transgender persons.[4]

A 2015 Ipsos survey found that 29% of Indians were in favour of same-sex marriages.[5] According to a 2019 Mood of the Nation (MOTN) poll, 24% of Indians supported same-sex marriages, while 62% opposed them and 14% were unsure. [6]

According to a May 2021 Ipsos poll, 44% of Indians were in favour of same-sex marriage, 14% were in favour of civil marriages but not marriage, 18% were against any legal recognition of same-sex relationships, and 24% were unsure.[7] In India, 53% of those surveyed by Pew Research in 2023 agreed that same-sex marriages should be permitted compared to 43% who disagreed.[8]

This continuous increase in percentage of people in India who favour same sex marriage is a welcome sign for LGBTQ+ population. It denotes that the society is now willing to accept them. The links of parents and family within the LGBTQ+ community will strengthen by the acceptance of same-sex marriages.

There is optimism for India's continued advancement in the direction of more LGBTQ+ rights in the future. Positive recent developments include the Canada census's inclusion of gender identity data and some state governments' decisions to grant job quotas and reservation privileges to transgender people[9]. In the future, the Indian government may possibly decide to legalise same-sex marriages, especially in view of the expanding worldwide trend towards marital equality.

There are many judgements in favour of LGBTQ+ communities in India which is a ray of hope of the legalisation of Same sex marriage in India. In Naz Foundation v Government of NCT Delhi, 2009[10], court declares Section 377 to be unconstitutional, as it discriminated against LGBTQ+ community and violative of Article 14,15, 16 of the Indian Constitution.

After this in 2014 came the famous NALSA v UOI case[11] verdict resulted in the Supreme Court of India recognising transgender people as the "third gender," affirming that the fundamental rights guaranteed by the Indian Constitution will apply to them equally, and giving them the right to self-identify as male, female, or third gender.

Then we all aware about the case of K S Puttaswamy v UOI[12], which held that the right to privacy was a fundamental part of liberty, autonomy, and dignity and was essential to the freedoms provided by all fundamental rights. These judgements later lead to Navtej Singh Johar v UOI, 2018[13]. It finally decriminalises homosexuality in India as it struck down Section 377 of the IPC.

Arun Kumar v. Inspector General of Registration[14] is a Madras High Court case. The Hindu Marriage Act of 1955 limits the definition of marriage to men and women. With this ruling, transgender people who identify as women are now also allowed to marry. It creates the groundwork for marriages within the LGBTQ+ community, expanding the right to marry.


The LGBTQ+ community will be significantly impacted by the legalisation of same-sex marriages. By giving same-sex couples the same legal rights and advantages as their heterosexual counterparts, it represents progress towards equality and acceptance. Beyond providing legal rights, it also promotes social acceptance, aids in mental health, and deepens familial ties among the LGBTQ+ community.

Societies will be recognising the fundamental truths that love knows no bounds and that everyone deserves the same legal rights and protections by allowing same-sex couples to marry. The path to complete equality is still being travelled, so it's critical to keep up the battle for full LGBTQ+ rights and the removal of obstacles standing in the way of genuine equality for all.

Progressively tolerant and accommodating social attitudes have eroded prejudice and challenged stereotypes. Despite being continuous efforts, obstacles and inequality still exists. LGBTQ+ people continue to experience discrimination and prejudice in many facets of life, including work, healthcare, and other areas. To solve these ongoing issues and guarantee complete equality for the community, it is essential to keep fighting for comprehensive LGBTQ+ rights and protections.

  1. Section377, Indian Penal Code.
  2. Goyal, T. (2020) A first look at the new data protection Bill, The Hindu.
  3. Singh, N. (2023) Countries that allow same-sex marriage, Times of India.
  4. Canada is the first country to provide census data on transgender and non-binary people (2022) Statistics Canada.
  5. Feder, J.L. and Vine, J.S. (2015) This Is How Many People Support Same-Sex Marriage In 23 Countries Around The World, Buzz Feed News.
  6. Sengar, S. (2019) Prejudice Before Love? 62 Per Cent Indians Still Don't Approve Same-Sex Marriage, Finds Survey, Indiatimes.
  7. LGBT+ Pride 2021 Global Survey points to a generation gap around gender identity and sexual attraction (2021) Ipsos.
  8. Poushter, J., Gubbala, S. and Huang, C. (2023) How people in 24 countries view same-sex marriage, Pew Research Center.
  9. Canada is the first country to provide census data on transgender and non-binary people (2022) Statistics Canada.
  10. Naz Foundation v Government of NCT Delhi, 2009 SCC Online Del 1762.
  11. National Legal Services Authority v. Union of India, AIR 2014 SC 1863.
  12. K. S. Puttaswamy v. Union of India, AIR 2017 SC 4161.
  13. Navtej Singh Johar v UOI, AIR 2018 SC 4321.
  14. Arun Kumar v. Inspector General of Registration.

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