Plagiarism is checked by the leading plagiarism checker
Volume 4 Issue 2
March-April 2026
| 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 |

E-ISSN 2584-0487All research papers published on this website are licensed under Creative Commons Attribution-ShareAlike 4.0 International License, and all rights belong to their respective authors/researchers.