Author: Neil Aryan, Student at Banaras Hindu University
ABSTRACT
This research paper focuses on same sex marriages in India. The introduction part talks about the meaning of sexual orientation and its interpretation by the Supreme court and the conditions faced by homosexual people, the meaning of marriage has also been discussed. the paper further discusses the paradox of reasonableness and nature. Opinions of certain scholars such as David Hume and Hobbes have also been discussed. The state of same sex marriages in India in context of theS.377 of the Indian Penal Code has been discussed in detail. A substantial question also arises whether same sex couples can be good parents? The paper raises important questions regarding legalization and implications of legalization of same sex marriages. The paper also discusses the presence of homosexuality in ancient times and its historical aspect. Then the meaning of same sex marriage is delineated along with arguments in favour and in against of such marriages. The paper also approaches the present laws regulating marriages in India and also discusses the important case laws relating to same sex marriages such as NALSA v. Union of India, the Naz Foundation case and Navtej Singh Johar v. Union of India. Legal position of the issue in other countries has been discussed further and the problems associated in the Indian context which makes the implementation of same sex marriages more difficult in India as compared to western countries. The researcher also talks about homosexual marriages in the context of fundamental rights, such as right to life, right to liberty, right to privacy and right to freedom of speech and expression. The researcher then expresses his own observations about such marriages and he concludes by proposing that the conflict regarding these marriages has to come to an end and that is possible by recognition of such marriages either directly under existing laws or recognizing them as civil unions or partnerships.
