Advanced International Journal of Multidisciplinary Research

E-ISSN: 2584-0487   Impact Factor: 9.11

An Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Call for Paper Volume 4 Issue 2 March-April 2026 Submit your research before last 3 days of April to publish your research paper in the issue of March-April.

Same Sex Marriages in India

Author(s) Ms. Nisha Garg
Country India
Abstract Same-sex marriage refers to the legally recognized union between two individuals of the same gender. In India, such marriages are presently not legally recognized, despite increasing judicial engagement and sustained advocacy efforts by members of the LGBTQIA+ community. The issue of legal recognition of same-sex marriage is intrinsically linked to fundamental rights, particularly equality, dignity, privacy, and non-discrimination as guaranteed under the Constitution of India. While Indian personal laws traditionally conceptualize marriage as a sacred and social institution between a man and a woman, constitutional morality demands an evolving interpretation aligned with contemporary human rights standards. Judicial pronouncements, particularly the landmark decision in Navtej Singh Johar v. Union of India (2018), decriminalizing consensual same-sex relations, have strengthened the discourse on relationship recognition. However, the absence of statutory recognition continues to deprive same-sex couples of legal protections relating to inheritance, adoption, maintenance, succession, taxation, and spousal benefits. The debate surrounding legalization reflects tensions between constitutional principles and deeply rooted socio-cultural norms. Legal recognition of same-sex marriages would not merely validate intimate partnerships but would also promote inclusivity, reduce systemic discrimination, and affirm the equal citizenship of LGBTQIA+ persons. This paper critically examines the constitutional framework, judicial developments, and socio-legal challenges surrounding same-sex marriage in India, while assessing the potential implications of its legalization within the Indian legal system.
Keywords Same-Sex Marriage, LGBTQIA+ Rights, Constitutional Morality, Equality, Non-Discrimination, Indian Legal System.
Discipline Other
Published In Volume 4, Issue 1, January-February 2026
Published On 2026-02-18

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