CONSTITUTIONAL IMPERATIVES AND GLOBAL PERSPECTIVES: A COMPREHENSIVE LEGAL ANALYSIS, SOCIO-POLITICAL AND ECONOMIC EXPLORATION OF SAME-SEX MARRIAGE RECOGNITION IN INDIA

This paper presents a comprehensive analysis of the legal arguments and potential impacts surrounding the recognition of same-sex marriage in India. Grounded in constitutional provisions guaranteeing equality, non-discrimination, and the right to personal liberty, the study examines the inconsistency between current laws and constitutional mandates. Through a meticulous exploration of global precedents and international human rights law, it underscores the imperative for India to align its legal framework with evolving societal values and global standards. Drawing upon landmark judicial decisions like Navtej Singh Johar v. Union of India (2018), which decriminalized homosexuality, the paper advocates for a progressive interpretation of the Constitution to ensure marriage equality for all citizens. It highlights the significance of recognizing same-sex marriage not only as a matter of social justice but also as a means to strengthen India’s democratic ideals and soft power on the global stage. Moreover, the paper discusses the potential economic benefits associated with recognizing same-sex marriage, emphasizing its role in unlocking the economic potential of the LGBTQ+ community and fostering a more inclusive workforce. The paper concludes with recommendations for legislative reform, calling for amendments to existing marriage laws or the introduction of new legislation to provide legal clarity and ensure equal rights for same-sex couples. Overall, this paper serves as a timely contribution to the ongoing discourse on LGBTQ+ rights in India, advocating for a more inclusive and egalitarian society guided by principles of equality, liberty, and justice for all.