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Same Sex Marriage

In laymen's language marriage is a term used when two people of different gender marry each other. Same-sex marriage is basically when two people of same-sex marry each other.

India is a country which still has a lot of pending cases about same-sex marriage.

What is section 377?

It is a 157-year-old colonial-era law which criminalises certain sexual acts as "unnatural offences" that is punishable by a 10-year jail term. The law punishes, in its own words, "carnal intercourse against the order of nature with any man, woman or animal".

Timeline related to same-sex marriage:

  • 2012 - Ministry Of Home Affair Opposed Decriminalizing Any Activity Which Is Homosexual
  • 2014 - The Review Petition Which Has Filed By The Central Government Was Dismissed By The Supreme Court Of India
  • 2015 - A Indian National Congress Member Introduced A Bill Which Would Repeal Section 377.
  • 2016 - There Has Been A Decision By The Supreme Court Of India For Reviewing The Criminalisation Of Homosexual Activity
  • 2018 - Several Petitions Have Been Heard By The Court About The Validity Of Same-Sex Marriage

In 2018 a historic decision was delivered by India's Supreme Court that said gay sex won't be considered a criminal offence.

It can be highlighted that same-sex marriage was opposed from a very early stage.

Same-sex marriage is against the Hindu Marriage Act 1955. The provision of the Special Marriage Act, 1954 does not allow the wedding of same-sex

The Supreme Court in Shakti Vahini vs Union of India, 2018 held that the decision of two adult individuals to marry each other is an example of their exercising the freedom given to them under Articles 19 and 21 of the Indian Constitution.

Recognition of same-sex marriage in India.

There is no legal recognition of same-sex marriage in India. In 2011, two women got legal recognition for same-sex marriage, this legal recognition was granted by a Haryana court.

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