What are the legal and constitutional provisions for same-sex marriage in India
With the recent legalization of same-sex marriage in Greece, analyze the legal and constitutional provisions for same-sex marriage in India.
Currently, same-sex marriage is not legally recognized in India. Here are the legal and constitutional provisions regarding same-sex marriage in India:
- The Indian Penal Code (IPC) does not explicitly criminalize same-sex relationships or marriage.
- Article 14 of the Constitution guarantees equality before the law, but there is no specific provision for same-sex marriage.
- In 2018, the Supreme Court of India decriminalized consensual same-sex relationships by striking down Section 377 of the IPC, which criminalized homosexuality.
- However, the court did not address the issue of same-sex marriage, leaving it up to legislative action or further court intervention in the future.
- The marriage laws in India only recognize heterosexual marriages, governed by personal laws based on religion or the Special Marriage Act, which permits interfaith and inter-caste marriages.
- Efforts to legalize same-sex marriage in India have been largely limited to civil society organizations and activists.
Answered
a year ago