Scope of Same-sex Marriages in India

Abstract

This paper thoroughly examines the legal and socio-cultural landscapes surrounding same-sex marriage, delving into both domestic and international perspectives. Through a meticulous review of landmark legal cases, including Navtej Singh Johar v. Union of India and Obergefell v. Hodges, the author elucidates the evolution of jurisprudence concerning LGBTQ+ rights and marriage equality. Furthermore, the interpretation of existing laws within the context of same-sex marriages is scrutinised, highlighting the judicial reasoning and legal arguments that have shaped legal frameworks worldwide. Moreover, this study incorporates insights from a survey conducted by the author to gauge public attitudes towards same-sex marriage. Integrating empirical data with legal analysis generates a nuanced understanding of societal perceptions and challenges. Societal attitudes and stigma, religious perspectives, and the advocacy efforts of LGBTQ+ rights movements are critically examined, shedding light on the complexities inherent in navigating cultural norms and values. Ultimately, this paper underscores the imperative of advancing legal reforms and fostering societal acceptance to ensure the full recognition and protection of the rights of LGBTQ+ individuals. By synthesising legal scholarship, empirical research, and socio-cultural analysis, this study contributes to the ongoing discourse on same-sex marriage. It lays the groundwork for future research and policy initiatives in this vital human rights and social justice area.