Legality of Same-Sex Marriage in India

Abstract

In India homosexual relation was a crime till 2018 but marriage between homosexual couple is still not legally recognized by the Indian law. Homosexual couples can have a physical relationship and live together although they cannot marry each other. In India marriage is a religious tradition rules by different customs of different religions. And religions only consider a heterosexual marriage performed between a man and a woman. In a country where marriage is a sacrament practice, it is not possible to recognize same-sex marriage under personal laws. It can only be legalized under the Special Marriage Act which recognizes marriages that are not acceptable under personal laws.

The people of the LGBT community should get the right to marry their partner and all the right that are available to the partners after marriage. This is guaranteed to them by the Constitution of India. Legal recognition of homosexual marriage is not a big issue when their relationship is considered legal.

One argument given by the opponents of same-sex marriage is that marriage is performed to have a family although the homosexual couples cannot have a family. However, if their marriage got legal recognition, they could have a family because after that they can adopt a child.