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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.
In conclusion, while same-sex relationships are legal in India, there is no legal provision for same-sex marriage. It will require legislative action or a decision by the Supreme Court to recognize and legalize same-sex marriage in the country.
Answered a year ago
Mohit Aspirants