International Journal For Multidisciplinary Research

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Changing society and same-sex marriage in the context of India

Author(s) Somya Meher
Country India
Abstract The debate over same-sex marriage has been started from many years. Even after decriminalisation of
section 377 of Indian Penal Code 1860(replaced by Bharatiya Nyaya Sanhita) gender oppression, subjugation
and discrimination still continue to exist. One of the most popular case Navtej Singh Johar vs. Union of India
which decriminalised Section 377 of the Indian penal code that provide two adults are engaged in consensual
sexual activities, post 2018 there has been growing demand for legal recognition of same-sex marriage and
multiple petitions have been filled. In response to this on Oct 17, 2023 the Supreme Court of India unanimously
held that there was no fundamental right to marry for transgender and that leave over the parliament to make
such provision for same sex marriage. The same-sex marriage in India reflects one of the dynamic societal
issue and tension between tradition and modernity. One of primary intention of this article to explore
homosexuality is not disease, but natural creation of God. In India people mind are deeply conservative they
think homosexuality is mental illness and social disorder and also view that marriage is traditionally defined
as union between man and women. This article also tries to explore why do some of the people of India
supporting and while other not supporting. This article also tries to show decision of the supreme court of
India started that endorsing same-sex marriage would conflict with the current existing provision of marriage
laws and this should be addressed by the parliament. This article also tries to explain prohibition of same-sex
marriage undermine right to live with dignity as guaranteed by article 21 of the Indian constitution.
Keywords Same-sex marriage, Discrimination, legal recognition, social perception
Published In Volume 7, Issue 2, March-April 2025
Published On 2025-03-03
DOI https://doi.org/10.36948/ijfmr.2025.v07i02.38260
Short DOI https://doi.org/g86xcr
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