TOWARDS EQUALITY: ASSESSING THE LEGAL FRAMEWORK AND CHALLENGES OF SAME-SEX MARRIAGE RECOGNITION IN INDIA

This paper explores the intricate legal landscape surrounding same-sex marriage in India, delving into constitutional provisions, landmark judicial decisions, and international comparisons. Despite pivotal strides in decriminalizing consensual homosexual acts, India does not formally recognize same-sex marriages. The analysis focuses on constitutional guarantees under Articles 14, 15, and 21, emphasizing principles of equality, non-discrimination, and personal liberty crucial to advocating for marriage equality. Insights drawn from countries like Canada, the Netherlands, and South Africa illustrate the societal benefits of legal recognition, including enhanced social cohesion and strengthened human rights protections.

The study critically assesses legislative hurdles and societal attitudes that hinder the advancement of same-sex marriage recognition in India. It underscores the pivotal role of judicial activism in expanding LGBT rights and calls for legislative reforms aimed at aligning marriage laws with constitutional principles. The conclusion puts forth strategic policy recommendations to bridge existing legal gaps and foster inclusivity, advocating for comprehensive anti-discrimination laws and educational initiatives to cultivate broader societal acceptance.