Same Gender Marriage

Same-gender marriage, also known as lesbian and gay marriage, is the legal union of two people of the same gender. Same-gender marriage is recognized in some countries and some states and provinces in others, but it is not recognized in all jurisdictions. The legal recognition of same-gender marriage is a controversial and ongoing political and social debate.

In September 2018, the Supreme Court of India issued a landmark ruling in which it recognized homosexuality as a legally valid sexual orientation and decriminalized Section 377 of the Indian Penal Code. This section of the penal code criminalized consensual sexual acts between individuals of the same gender, treating it as an unnatural offense.

The ruling was a major victory for the LGBTQ+ community in India, who had long fought against the discriminatory provision. The judgment stated that the right to individuality and privacy, protected under the Indian Constitution, includes the right to choose one’s sexual orientation and partner. The Court also held that the provisions of Section 377 were violative of the fundamental rights guaranteed under the Constitution and declared it unconstitutional to the extent that it criminalized consensual sexual acts between adults. The ruling was widely celebrated as a step towards greater inclusiveness and equality in India, and was seen as a significant moment in the global struggle for LGBTQ+ rights.

Laws for Same Gender Marriage

In India, Section 377 of the Indian Penal Code criminalizes sexual activities “against the order of nature,” including same-sex sexual activity. This law has been used to discriminate against and prosecute LGBT individuals. However, in a landmark judgement in 2018, the Indian Supreme Court has struck down Section 377 as unconstitutional and decriminalized homosexuality in India.

The laws regarding same-gender marriage vary by jurisdiction. In some countries, such as the Netherlands, Canada, and several countries in South America and Europe, same-gender marriage is legal and recognized nationwide. In the United States, same-gender marriage was first recognized by individual states, beginning with Massachusetts in 2004. The U.S. Supreme Court ruled in 2015 that same-gender couples have the constitutional right to marry in all 50 states. In some countries, such as Russia, same-gender marriage is not recognized by law. Some countries do not have laws that specifically address same-gender marriage, but they may offer other forms of legal recognition for same-gender couples, such as registered partnerships or domestic partnerships.

FAQ's about Same Gender Marriage

Can same-gender couples adopt children in India?

No, same-gender couples cannot adopt children in India as adoption laws do not recognize same-gender couples as prospective parents.

What rights do same-gender couples have in India?

Same-gender couples have very few legal rights in India. They are not recognized as a legal entity, and they cannot access the same legal protections and benefits as opposite-gender couples.

How is the Indian society and government's attitude towards same-gender relationships?

Attitude towards same-gender relationships in India is quite varied. While the decriminalization of homosexuality in India is a positive step, there is still significant discrimination and prejudice against LGBT individuals in many parts of the country. The government’s attitude is also mixed and still evolving as it has been decriminalized but not legalised or recognised legally.