Open Access Research Article
SAME SEX MARRIAGE: DISCUSSING THE LEGALITY, RELIGIOSITY AND SOCIAL NORMS
Published Paper
Article Details
SAME SEX MARRIAGE: DISCUSSING THE
LEGALITY, RELIGIOSITY AND SOCIAL NORMS
Authored by -
Anupriya Kumari
Ph.D.
Research Scholar, Central University of South Bihar, Gaya, Bihar, India
Co-Author - Ridhanshu
Singh
Ph.D.
Research Scholar, Central University of South Bihar, Gaya, Bihar, India
ABSTARCT
The issue of same
sex marriage in India has stirred up great controversy and debate. Same Sex
marriages remain to be not legally recognized even after the decriminalization
of homosexuality by the Supreme Court of India by striking down Section 377 of
the Indian Penal Code in 2018. The major factor behind this can be attributed
to the fact that marriage is considered a religious sacrament within the
purview of personal laws and such unions lack the recognition of social norms. As
India continues to make strides towards greater acceptance and inclusion of the
LGBTQ+ community, the issue of legalising same-sex marriages remains a
complicated one, as it involves not just legal and political change but also a
shift in religious and societal attitudes.
This paper aims
at analysing the importance of marriage and the current personal laws governing
the concept of marriage in India and the scope of inclusivity of same-sex
marriages in the existing legal framework. Further, this paper will attempt to
examine the intersection between religiosity and attitudes towards same-sex
relationships has led to significant challenges for the LGBTQ+ community in
India.
Keywords:
Marriage, Same-sex marriage, Homosexuality,
Matrimonial Laws, Religion.
AIM, OBJECTIVE & RESEARCH QUESTION
The aim of this
paper is to analyse the status of same-sex marriages in India, specifically
dealing with following objectives:
1.
To explore the importance of the
institution of marriage in the societal set-up and the status of the same-sex marriages
in India.
2.
To examine the possibility of granting
the legal status to the same sex marriages in the existing legal framework.
3.
To analyse the interplay of religion
and social norms towards the acceptance of same-sex marriages in India.
Research
Questions:
1.
How are homosexual couples
discriminated on the grounds of ‘sex’ under the constitutional premises when it
comes to Right to marry the person of own choice?
2.
Is the existing legal framework
pertaining to the family law sufficient to address the acceptance of same-sex
marriage?
3.
What is the stance of religion, culture
and social norms when it comes to the status of homosexuality and same-sex
marriages?
“Love has no gender -Ccompassion has
no religion - Character has no race.”
? Abhijit Naskar, Either Civilized or
Phobic: A Treatise on Homosexuality
IMPORTANCE OF MARRIAGE
In the
century’s old human society, marriage remains one of the most significant and
vital institutions that might have developed and its structure might have been
transformed but the concept that marriage remains to be a universal fact
remains unchanged. The relevance of marriage becomes deeper in India where
sacramental values are attached to the institution of marriage and so intensely
associated that everyone is anticipated to be its part. Marriages in India are
considered to be sacred apart from the objectives of marriage attached to it
which comprises procreation of children, legitimization of relationships and
the formation of the society.[1]
The religious ceremonies and ritual performed during the solemnization of
marriage are regarded as very significant. This is well sufficient enough to
describe the eagerness of the LGBT people to get legal status to their
marriages in India or the increased reported cases of same-sex marriages
happening in India in the temples by exchanging garlands or friendship
contracts of quasi-legal nature.
The legal and
social acknowledgment as well as the benefits provided by the state to a
married person are refused to the same-sex couples by the denial of equal
rights of marriage to the people of LGBT community.[2]
The same-sex marriages if legalised will give the same-sex couples someone who
could take important decisions on their behalf, they will have a chosen family
as they are refuted and discriminated by their natal families. They are simply
barred from the bundle of privileges, social recognition and rights that comes
along with marriage. Still, it is crucial to mention that the institution of
marriage from the very beginning only, has eliminated a particular class of
people and a conflict has always arisen amidst the societal principles,
religion and policies when either of the included or excluded people have tried
to break the norms set by the society.
MARRIAGE AND FAMILY
Indian people
and all those citizens of India residing outside the country has been allowed
to marry regardless of caste, faith and religion by the virtue of the Special
Marriage Act, 1954. The laws pertaining to marriage in India has developed
constantly but lacks any provisions for the marriage of the same-sex couples
which also appears to be prudent as it is only 2-3 years since homosexuality
was decriminalized by the Supreme Court of India. But this issue cannot be
ignored for long as today or tomorrow, these issues will come up before the
legislature and it did has started coming up.
A number of
petitions are lined up before the Indian Judiciary concerning the issue of
same-sex marriages. Hence, the next milestone to be achieved by the activists
of the LGBT community is to advocate and appeal for the formulation of laws by
the Legislature allowing the marriages among the LGBT couples, inheritance of
the property of their partners, adoption and guardianship. But although it may
seem that the Central Government might have left it upon the judiciary in 2018
to decide upon the legality of homosexuality but has signalled that it does not
favour any petition for the recognition for the marriages of the same-sex
couples – the Central Government has opposed the petition for the recognition
of the same-sex marriages presented before the Delhi High Court on the grounds
that it has not been a part of the Indian culture and “no one is dying due
to the absence of marriage certificates and there lies legitimate state interest
in limiting same-sex marriages.”[3]
However, it
appears to be violative of the legal principles in the context of judicial
pronouncements as if we really wish to stand by the doctrine of equality and
want to respect the equal rights of the people LGBT community, then right to
marry, inheritance of the spouse’s property, sharing of insurance are all a
part and parcel of this bundle of rights. Hence, Article 14 and Article 19 of
the Indian Constitution guaranteeing right to equality and liberty respectively
are being violated by the denial of these fundamental rights to the LGBT people
and is at the same time unconstitutional.
LEGALITY OF RIGHT TO MARRY
The Constitution does not speak of right to
marry specifically but the historic case of Lata
Singh v State of Uttar Pradesh[4]
interpreted right to marry a part of Article 21 of the Constitution of India.
It was a case of inter-caste marriage before the Supreme Court, where the Court
held that a person after attaining the age of majority can marry anybody whom
he/she wishes to. It was further said in the particular case that children
doing so cannot threatened or killed for marrying as per their wish, the only
option available to their families is severing their relations.[5]
Sexual
orientation has been identified as a concern of human rights by the United
Nations Human Rights Treaty Bodies in the need of protection and equality. It has been affirmed by the Human Rights
Committee that the Article 26 of the International Covenant on Civil and
Political Rights include the discrimination on the grounds of sexual
orientation. It has been reiterated by
the Economic, Social & Cultural Committee that in accordance with Article
2.2 and 3 of the International Covenant on Economic, Social and Cultural
rights, discrimination on any grounds including sexual orientation and HIV/AIDS
in accessibility to health care is not permissible. Violence and torture based on the grounds of
sexual orientation is prohibited under the Convention against Torture. Human
Rights Charter along with numerous other covenants have also acknowledged the
right to marry at the international platform under the chapter of Right to
have a family the biggest question that remains is whether these
conventions and covenants are sufficient to include and guarantee same-sex
marriages.[6]
The next very crucial aspect that needs to be brought forwards is that where
the world is embracing and becoming more open to changes, the parents are not
even allowing their children to marry outside their caste reflecting the
persisting conservative nature of the Indian society. Honour killings for
marrying outside caste and religion remain very rampant practice in the Indian
society even today making the acceptance of same-sex marriages a more difficult
scenario.[7]
Nevertheless,
the different sexual orientation of the people of LGBT community cannot be made
an excuse to justify the denial of right to marry to all of the LGBT community.
Other than this, a very crucial issue that pops up is that if the notion of the
majority of the population is sufficient for the law to snatch away the right
of self-determination and personal autonomy and deny someone’s basic and
fundamental rights of someone who do not conform with the notion of the
majority.[8]
EXAMPLES OF SAME-SEX MARRIAGES ACROSS
THE COUNTRY
There have been
instances of same-sex marriages across the country in spite of the fact that
there exist no laws for regulating the same-sex marriages in India even then
the courts have acknowledged and validated their marriages.[9]
The Court of Haryana was found to be efficiently acknowledging a same-sex
marriage of two lesbians post the decriminalisation of same-sex activities in
the year 2009. A more momentous decision followed in 2018 which section 377 of
the IPC was struck down by the Supreme Court. Soon after the judgment in the
same year, the High Court of Madras validated the solemnization of marriage
between a heterosexual male and a trans woman as per the with further orders to
register the marriage under the Hindu Marriage Act, 1956.[10]
There are many more similar examples of same-sex marriages that have taken
place in the communities. Much before the progressive judgments followed,
marriage between two police women was solemnized as per the Hindu rituals in 1988.
Although no such formal registration could be done but their families and the
community approved and accepted their marriage. Another such instance is from a
small village of Angaar that is situated in Gujarat where the tradition
of same sex marriages is been continued in a community known as Kutchi for
the last 150 years which have both male as bridegroom and bride.[11]
It is really
significant to mention that majority of such same-sex marriages, to be very
specific lesbian marriages have been solemnized broadly taking place in small
towns between women of lower or middle class who mostly don’t speak English
i.e., those who don’t even have any relation with the LGBT movement.[12]
MARRIAGES UNDER PERSONAL LAWS
Family laws can
be classified under two distinct categories in India:
i.
Personal Law: Personal laws are
applicable to people of a particular religion and is different for every
religion. Hindu marriage Act is applicable to Hindus, Sikhs, Jains and
Buddhists whereas Shariat Law governs the Muslims, Christian Marriage Act and
Parsi Marriage & Divorce Act governing the Christians and the Parsis
respectively.
ii.
Secular Law: As the name suggests, it
is applicable to every citizen of India irrespective of their religion, caste
or class. For example, Special Marriage Act is one such secular law.
The following observations have been
made on analysing the stance of personal laws on the same sex marriages in the
country:
The perception of homosexuality
differs from follower to follower of Hinduism but the religious texts
and documents gives a very detailed account of the same-sex relationships and
in continuation discusses same-sex marriages.[13]
Same-sex relationships are illustrated in the form of art and carvings in the
temples in India. The presence of the same can be established from a number of
mythological stories, one such account is of Lord Shiva and Lord Vishnu giving
birth to the God Ayappa. Another such account is of two women giving
birth to Bhagiratha as a result of the queer romance under sacred
blessings and he is named so because he was born to two mothers i.e., out of
two vulvas.[14]
Some other historical events presenting evidences of same-sex relationships are
the depiction of Shikhandi in the Mahabharata, tantric rituals native to
homosexuals and Kamasutra’s homosexual acts. But homosexuality is condemned in
some of the text on the premises of undue importance being given to sex by the
humans.[15]
Shariat laws stems from the Sunnah
of the Mohammad and the holy Quran. Islam very clearly communicates
that homosexuality is a sin punishable under the Shariat Law.[16]
All the primary schools of Sunni jurisprudence follow the same perception. It
has been stated by the Muhammad that as per the principles of Islam men
exhibiting feminine behaviour and women exhibiting masculine behaviour should
be turned out of the homes and are entitled to be punished.[17]
The only doubt that lingers in the Christianity
regarding homosexuality is the treatment of the homosexuals – whether their
treatment should be at par with criminals or attempts should be made to rectify
their behaviour. However, in any case the stance of Christianity remains very
apparent that it does not encourage any homosexual behaviour.[18]
Zoroastrianism also strongly forbids and regard homosexuality as evil. But the LGBT
community is supported by some of the followers of the said faith regarding the
above-mentioned interpretation as a misinterpretation of the fundamental
principle of “good thinking, good words and good actions”.[19]
The perception of Jainism
remains very crystal-clear regarding homosexuality. All forms of sexual
activities that are done with the objective of other than reproduction is
strongly discouraged i.e., even heterosexual sex, pre-marital sex and sex for
fun is also prohibited leave aside homosexuality.[20]
Buddhism allows any sexual activity as long as it is done out of affection and
consent. A similar perception is shared by the Dalai Lama that unless there is
no harm to anybody and the act is consensual, homosexual act is allowed.[21]
Same-sex marriages are not held in
the Gurudwaras owing to the silence of the religious text of Sikhism on
homosexuality.[22]
It is crucial to review the
perceptions of the various religions regarding the issue of same-sex marriages
prior to the formulation of laws and policies concerning same-sex marriages as
the marriages under every particular religion that are governed by the personal
laws are borrowed from the existing literature and texts of the said religion.[23]
So, things have to kept in mind during the formulation of such laws when
majority of the faiths curb homosexuality and consider it unacceptable other
than Buddhism and Hinduism. Hence, making amendments to the personal laws is
not a good idea when such discrepancies exist regarding LGBT rights.[24]
Also, it must also must be taken in
account of the events that whenever attempts have been made previously to bring
in a Uniform Civil Code, a great resistance has been made owing to the fear of
the minorities that the freedom of their religion could be restricted by the
UCC in India. This is the major cause behind the rejection of UCC in August
2018 by the Law Commission as a suggestion.[25]
The most feasible option that remains
for the recognition of the same-sex marriages provided the given circumstances
could be accommodated through the amendments in the Special Marriage Act which
is discussed elaborately in the next section.
It was recognized by Hon’ble Justice
Chandrachud in the case of Navtej Singh Johar[26]
that the exercise of intimacy in any manner an individual wishes to is not the
concern of the State’s legitimate interest. But the said judicial pronouncement
did not issued any guidelines to the government to bring in the necessary
amendments to the existing laws or to formulate new legislations as per the
requirement of the situation in spite of awarding everyone the right to
intimacy. When the term ‘union’ was recognised by Justice Misra while granting
right to union under Article 21 of the Indian Constitution the context referred
here did not meant marriage rather it meant companionship.[27]
It has also been brough to the notice
that numerous recommendations for making the reforms in the family law to make
it more inclusive for same-sex couples have been suggested by the activists of
LGBT rights to the Law Commission but no due consideration has been received by
the Law Commission. But a number of these restrictions can be now called upon
post the judicial pronouncements by the Supreme Court in the NALSA and Navtej
Singh Johar laying down a strong foundation by recognising rights against
discrimination and right to equality.[28]
SPECIAL MARRIAGE ACT AND SAME-SEX MARRIAGES
There has been a huge uproar in the
Supreme Court regarding the legalisation of same-sex marriages in India and the
Union Government has been constantly opposing the recognition of same-sex
marriages, citing it to a matter of state policy and the possibility of it
creating a havoc in the personal laws & social norms, which altogether
holds no merit as same-sex marriage is a matter of determination of rights and
not a matter of state policy which is subject to judicial interference and
there will be minimal alterations in the personal laws.[29]
The very foremost premise for this discussion is Article 14 and 15 which
prohibits discrimination on the grounds of sex which implies sexual orientation
as well according to the interpretation given by the Supreme Court in the case
of Navtej Singh Johar (2018). And granting the same right to marriage to the
heterosexual couples and denying the same to homosexual couples is a clear
discrimination on the above stated ground. The another right recognised by the
Supreme Court is Right to privacy which in the Puttuswamy case (2017) which
provides a person with the autonomy and decision-making power over the matters
of family life and marriage which is again being violated for the homosexual
couples.
One of the major grounds for
opposition of same-sex marriages by the Central Government is the disruption of
the balance of personal laws in the country which is regarded as really
fragile. However, the determinative yardstick should be that of constitutional
morality and not that of popular morality. One cannot be simply denied the
constitutional right to equality over the fear of disruption of morality that
is popular. But even if we leave the personal laws untouched as of now, we
still can look up to the Special Marriage Act, 1954 – a secular law that runs
parallel to personal laws and facilitates the marriage of two persons outside
the purview of religion. Indeed, there are certain provisions that make use of
the term ‘Husband’ and ‘Wife’ and this ‘husband’ and ‘wife’ will continue to be
there even in the same-sex marriages, the only point of difference will be
there will be two husbands or two wives at times.[30]
This will be a minor legal step as the language of the Special Marriage Act is
less opposing and there lies more possibilities of accommodation.
Including the Rights of the Same-sex Couples in the
Matrimonial Laws
New laws need to be formulated, amended or introduced in order to
acknowledge the same-sex marriages as the existing laws does not prove to be
sufficient for the recognition of same-sex and LGBT marriages. The matrimonial
laws can be made inclusive for the LGBT community in three ways.[31]
The first notion recommends the modification, reinterpretation or amendment of
the existing laws or if the language of the Act is made gender neutral. The
other notion suggests the formulation of a completely new Act permitting the
same-sex marriages. The third notion provides an experimental approach due the
conservative nature of the Indian society that is still not tolerant and open
enough towards the concept of marriages of LGBT.[32]
Hence, a different status can be bestowed to the same-sex marriages instead of
granting them a legal status such as quasi-legal friendship contract, civil
partnership, etc. which might not guarantee equal rights to those of a marriage
but still significant rights such as inheritance, insurance sharing, joint tax
returns, etc. can be permitted – recognition of a relationship dependent on
economical and emotional dependence can be sought.
CONCLUSION
The religious perspectives on
same-sex marriage play a crucial role in shaping public opinion about LGBTQ
rights in India. Many people hold strong religious beliefs that influence their
stance on same-sex relationships and marriage. Religious leaders also play an
important role in shaping public opinion about these issues. Despite the
challenges posed by religious perspectives, there are many activists working
towards legalising same-sex marriage in India while respecting diverse
religious beliefs and opinions. Advocacy efforts by LGBTQ groups and allies in
India have played a crucial role in the fight for same-sex marriage legality
and religiosity.
While some proponents argue that
India should follow suit and legalise same-sex marriage, opponents cite
religious and cultural traditions as reasons to maintain the status quo. The
Supreme Court of India's decision to decriminalize homosexuality in 2018 was a
significant milestone for LGBT rights in the country, but it did not address
the issue of same-sex marriage. However, with growing global acceptance of
same-sex marriage and increasing advocacy efforts by LGBT groups within India,
there is hope that the country will eventually recognize the legal rights of
same-sex couples.
Nonetheless, given the continued
influence of religion on Indian society and politics, progress will most likely
be slow. Despite the recent legalisation of homosexuality in India, same-sex
marriage remains illegal and unrecognised by the government. The LGBTQ
community has faced several obstacles as a result of the lack of legal
recognition, including discrimination and societal shame. However, there is
hope for future progress in India towards greater legal recognition and
societal acceptance of LGBTQ people.
A WAY FORWARD
In earlier times, people accepted
their status by way of fate and did nothing to change it – they simply acquired
it and stepped into it. However, lately the possibility of changing one’s
status by the means of contract where an individual can determine his fate and
status based on his considerations that is free from any externally imposed
forces.[33]
Likely, resisting same-sex marriages on mere grounds of religiosity and social
norms is like just accepting whatever is offered and doing nothing to change
it. The society and the rule of law should be a dynamic one and not static.
We have a number of countries that
have came up with equal marriage rights for same sex couples and are
continuously working towards their betterment. Majority of these countries
account from Europe and America where indeed Christianity is followed which considers
homosexuality a sin. In spite of it, these countries have given preference to
rule of law rather than the popular morality. So, we can take inspiration from
the following countries and if not more, we can at least go along their paved
paths as of now:
1. In England and Wales Civil marriages
were introduced by The Marriage (Same-sex Couples) Act, 2013[34]
for the same sex couples prioritizing equality and human rights law.
2. Northern Ireland (Executive Formation
etc) Act 2019 and The
Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples)
(Northern Ireland) Regulations 2019[35]
authorised same sex couples to enter into civil partnership and form civil
marriages in Ireland. And they even held consultation on religious marriages to
under the needs and concerns of its people.
3. Scotland allowed the same-sex couples
to enter into civil partnership under Civil Partnership Act, 2004 and
later on, further moved towards permitting same-sex couples to marry by way of The
Marriage and Civil Partnership (Scotland) Act, 2014[36]
implying a choice for the said couples between a civil partnership or marriage.
It created a balance between religion and rule of law by giving the choice to
the Churches whether to conduct such marriages or not.
4. United States of America passed Respect
for Marriage Act on December 2022 legalising same-sex marriages in America[37]
on the pretext of the 14th Amendment in line with equal
protection and due process mandating the States to provide licence to lawfully
same-sex married couples as well as recognise same sex couple marriages
performed outside the State.
Therefore, if legalising same sex
marriages in India seems so all of sudden for now, a similar approach that of
civil partnership somewhat like above countries can be adopted temporarily to
ascertain the forthcoming challenges and then move forward in a more nuanced
manner.
REFERENCES:
- “Same-sex
marriage hearing | The case so far,” The Hindu, 26 April 2023,
section India.
- “Same-sex marriage: All that is
needed is a small change in the Special Marriage Act,” The Indian
Express, 2023available at: https://indianexpress.com/article/opinion/columns/same-sex-marriage-small-change-special-marriage-act-8498683/ (last visited April 30, 2023).
- “Stances of Faiths on LGBTQ
Issues: Hinduism - Human Rights Campaign,”available at: https://www.hrc.org/resources/stances-of-faiths-on-lgbt-issues-hinduism (last visited April 30, 2023).
- “(PDF) Homosexuality In India -
The Invisible Conflict,”available at: https://www.researchgate.net/publication/361792971_Homosexuality_In_India_-_The_Invisible_Conflict (last visited April 30, 2023).
- “Homosexuality and
transgenderism in the Quran - GALE,”available at: https://www.gale.info/en/database/reading/homosexuality-and-transgenderism-in-the-quran (last visited April 30, 2023).
- Ruth
Vanita and Saleem Kidwai, Same-Sex Love in India: A Literary History
(Penguin UK, 2021).
- Ruth
Vanita, Queering India: Same-Sex Love and Eroticism in Indian Culture
and Society (Routledge, 2013).
- Ruth
Vanita, “‘Wedding of Two Souls’: Same-Sex Marriage and Hindu Traditions,”
20 Journal of Feminist Studies in Religion 119–35 (2004).
- Nayantara
Ravichandran, “Legal Recognition of Same-Sex Relationships in India,” 5 Journal
of Indian Law and Society 95–109 (2014).
- Diva Rai, “Evolution of LGBT
Rights in India and taking the narrative forward” iPleaders, 2020available
at: https://blog.ipleaders.in/evolution-of-lgbt-rights-in-india-and-taking-the-narrative-forward-living-free-and-equal/ (last visited April 30, 2023).
- Mishka
Paswan and Jivitesh Sisodia, “Same Sex Marriage: A Taboo in Indian
Society,” 5 Issue 4 International Journal of Law Management &
Humanities 349–62 (2022).
- Andrew
Koppelman, “Same-Sex Marriage, Choice of Law, and Public Policy,” 76 Texas
Law Review 921–1002 (1997).
- Abhinav
Sandeep Khadikar and Rohit Ajay Deoras, “Same-Sex Marriage Rights in
India: An Overview,” 4 Issue 5 International Journal of Law Management
& Humanities [cviii]-1132 (2021).
- Keya
Das and T. S. Sathyanarayana Rao, “A Chronicle of Sexuality in the Indian
Subcontinent,” 1 Journal of Psychosexual Health 20–5 (2019).
- Julie
Bushyhead, “The Coquille Indian Tribe, Same-Sex Marriage, and Spousal
Benefits: A Practical Guide National Native American Law Students
Association 8th Annual Writing Competition,” 26 Arizona Journal of
International and Comparative Law 509–46 (2009).
- No Author, “Religious Groups’
Official Positions on Same-Sex Marriage” Pew Research Center’s Religion
& Public Life Project, 2012available at: https://www.pewresearch.org/religion/2012/12/07/religious-groups-official-positions-on-same-sex-marriage/ (last visited April 30, 2023).
[1] Diva Rai,
“Evolution of LGBT Rights in India and taking the narrative forward” iPleaders,
2020available at:
https://blog.ipleaders.in/evolution-of-lgbt-rights-in-india-and-taking-the-narrative-forward-living-free-and-equal/
(last visited April 30, 2023).
[2] Ibid
[3] Udit Sood and Ors. V Union of
India and Anr.
[5] Abhinav
Sandeep Khadikar and Rohit Ajay Deoras, “Same-Sex Marriage Rights in India: An
Overview,” 4 Issue 5 International Journal of Law Management &
Humanities [cviii]-1132 (2021).
[6] Supra note 1.
[7] Ibid
[8] Ibid
[9] “(PDF)
Homosexuality In India - The Invisible Conflict,”available at:
https://www.researchgate.net/publication/361792971_Homosexuality_In_India_-_The_Invisible_Conflict
(last visited April 30, 2023).
[10] Julie
Bushyhead, “The Coquille Indian Tribe, Same-Sex Marriage, and Spousal Benefits:
A Practical Guide National Native American Law Students Association 8th Annual
Writing Competition,” 26 Arizona Journal of International and Comparative
Law 509–46 (2009).
[11] Ibid
[12] Ibid
[13] “Stances
of Faiths on LGBTQ Issues: Hinduism - Human Rights Campaign,”available at:
https://www.hrc.org/resources/stances-of-faiths-on-lgbt-issues-hinduism (last
visited April 30, 2023).
[14] Ibid
[15] Ibid
[16] “Homosexuality
and transgenderism in the Quran - GALE,”available at:
https://www.gale.info/en/database/reading/homosexuality-and-transgenderism-in-the-quran
(last visited April 30, 2023).
[17] Ibid
[18] Supra note 13.
[19] Ibid
[20] Keya Das
and T. S. Sathyanarayana Rao, “A Chronicle of Sexuality in the Indian
Subcontinent,” 1 Journal of Psychosexual Health 20–5 (2019).
[21] Ibid
[22] Ibid
[23] Samanwaya Rautray, “Same sex
marriages cannot be given legal sanction: Government” The Economic Times,
Feb 25, 2021.
[24] Ibid
[25] Supra note 20.
[26] AIR 2018 SC 4321
[27] Ibid
[28] Mishka
Paswan and Jivitesh Sisodia, “Same Sex Marriage: A Taboo in Indian Society,” 5
Issue 4 International Journal of Law Management & Humanities 349–62
(2022).
[29] “Same-sex
marriage: All that is needed is a small change in the Special Marriage Act,” The
Indian Express, 2023available at:
https://indianexpress.com/article/opinion/columns/same-sex-marriage-small-change-special-marriage-act-8498683/
(last visited April 30, 2023).
[31] Sharif D Rangnekar, “The battle
for same-sex marriage is essentially a fight for civil rights” Scroll.in,
Mar 01, 2021.
[32] Ruth
Vanita, Queering India: Same-Sex Love and Eroticism in Indian Culture and
Society (Routledge, 2013)..
[34] “The law
of marriage,”available at:
https://www.parliament.uk/about/living-heritage/transformingsociety/private-lives/relationships/overview/lawofmarriage-/
(last visited April 28, 2023).
[35] David
Masci, Elizabeth Podrebarac Sciupac and Michael Lipka, “Same-Sex Marriage
Around the World” Pew Research Center’s Religion & Public Life
Projectavailable at:
https://www.pewresearch.org/religion/fact-sheet/gay-marriage-around-the-world/
(last visited April 28, 2023).
[36] “Civil
Partnership (Scotland) Bill,”available at: https://www.parliament.scot/bills-and-laws/bills/civil-partnership-scotland-bill
(last visited April 28, 2023).
[37] “Same-Sex
Marriage and the Supreme Court,” Findlawavailable at: https://www.findlaw.com/family/marriage/same-sex-marriage-and-the-supreme-court.html
(last visited April 28, 2023).
Article Information
SAME SEX MARRIAGE: DISCUSSING THE LEGALITY, RELIGIOSITY AND SOCIAL NORMS
Authors: Anupriya Kumari, Ridhanshu Singh
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/05/02
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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