SAME SEX MARRIAGES IN INDIA – SOCIETAL PERSPECTIVES AND LEGAL CHALLENGES

AUTHOR – PRATHAM SHAH, STUDENT AT KES SHRI JAYANTILAL H. PATEL LAW COLLEGE, MUMBAI

BEST CITATION – PRATHAM SHAH, SAME SEX MARRIAGES IN INDIA – SOCIETAL PERSPECTIVES AND LEGAL CHALLENGES, ILE MULTIDISCIPLINARY JOURNAL, 4 (1) OF 2025, PG. 904-910, APIS – 3920-0007 | ISSN – 2583-7230.

ABSTRACT -:

With an emphasis on India’s changing situation, this article examines the historical, philosophical, legal, and social aspects of same-sex relationships and marriage.

 Despite what many people think, gender diversity and same-sex partnerships are not new; they have occurred in ancient societies such as Mesopotamia, Egypt, India, Greece, and Indigenous cultures. Gender fluidity and romantic same-sex relationships are reflected in religious writings and traditions, especially in Hinduism and Christianity.

This challenges the idea that such unions are out of line with tradition. In India, public sentiment is gradually improving, especially among younger and urban groups. The lack of adoption rights, civil union recognition, and safeguards under current marriage laws are examples of legal obstacles.

The government continues to oppose LGBTQ+ representation in the media and education, calling marriage equality a “urban elitist” idea.

The article makes the case that legal recognition is a basic right based on the constitutional ideals of equality, dignity, and freedom rather than just a luxury by contrasting global legal systems and cultural changes. It ends by stating that institutional support, public education, and legislative reform are necessary steps on India’s journey to same-sex marriage.

The article aims at providing an overview upon same sex marriages and highlight the importance of its legality.