LAW ET JUSTICIA LAW REVIEW

VOLUME 1 ISSUE 1

SAME SEX MARRIAGE

AUTHORED BY:

Mr. VIKASH KUMAR, 

Student,

School of Law, UPES, Dehradun

CO-AUTHORED BY:

Mr. TARUN SHARMA, 

Student,

School of Law, UPES, Dehradun

ABSTRACT

In the 21st century, the question arises whether the pre-conceived notion that the objective of marriage is only for procreation can be accepted. The perceptions of modern society is rapidly changing which leads towards the protection of the minorities before the judiciary that started giving paramount importance to the fundamental rights of an individual irrespective of the traditional ideology of the society. The very objective of marriage from which it evolves that is procreation has been changed in many countries like Netherlands (2001), Canada (2005), France (2013), United States of America (2015), Germany (2017), etc. as they legalized marriage between same-sex where the traditional objective of marriage is impossible to fulfill. Furthermore, the interpretation of section 377 of the Indian Penal Code in the landmark judgement of Navtej Singh Johar & Ors. v. Union of India by Hon’ble Apex Court raised an important question that whether same-sex marriage comes under the purview of fundamental rights enshrined under the Constitution of India. In the case of Lata Singh v. State of U.P. ,Hon’ble Supreme Court reiterated the judgment of Mr. X v. Hospital Z and declared the right to marry as a fundamental right under article 21 of the Constitution of India and in any free and democratic country, every ‘major’ has right to marry whomsoever he/she likes. Though, in India, same-sex marriage is not legal but in 2011, a Haryana Court allowed two women to offered limited rights of ‘Civil union’ or ‘Domestic Partnership’.


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