SAME- SEX MARRIAGE: "A SOCIO- LEGAL DEBATE IN CONTEMPORARY WORLD"

Same- sex marriage is against the Indian culture, said the Indian Government. According to a Member of Indian Parliament Sushil Kumar Modi, same sex marriage is neither accepted in any uncodified personal law. On 6th January, 2023, the Supreme Court decided to address various petitions pending in different High Courts. These petitions were regarding same- sex marriages, asking whether they should be legalized in India or not. The supporters of the petitions said that India decriminalized homosexual relationships in 2018, i.e., one can legally have a relationship with a homosexual partner. They argue that as India decriminalized homosexual relationships in 2018, why should it not legalize same- sex marriage in 2023? They believe that as homosexual relationships are legal, so should same-sex marriages. They say that not recognizing same- sex marriages violate the right to equality enshrined in Article 14 guaranteed in the Constitution, while government holds an opposite view. Our society is divided on this matter as well. Some argue that people have a right to marry, if they desire, whomever they like. Take the case of Supriyo Chakraborty and Abhay Dang from West Bengal. They have been together for around 10 years, their families have accepted them, and they have even held a ring ceremony. They want to get married but can’t because Indian law does not recognize same- sex marriage. On the other hand, some argue that same- sex marriages go against Indian society. This is because the family is the basic unit of Indian society, and as same- sex couples can’t procreate, they can’t constitute a family. So, should India legalize same- sex marriage or not? Reportedly, 7-8% of the Indian population falls under the LGBTQ+ community. There has been a significant progress in the rights of LGBTQ community but lately the Apex Court has handed over the batten of recognizing the same- sex marriage to the Parliament of India. Thus, this research paper deals with the arguments for and against legalizing of same- sex marriage in India.?