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Same-sex marriage

MARRIAGE EQUALITY: THE TRIUMPH OF SAME-SEX MARRIAGE

Volume II Issue II /

MARRIAGE EQUALITY: THE TRIUMPH OF SAME-SEX MARRIAGE Uddeshya Dhakad, B.A., LL.B. (Hons.), V Semester, University Five Year Law College, University of Rajasthan, Jaipur. Nitin Kumar, B.A., LL.B. (Hons.), V Semester, University Five Year Law College, University of Rajasthan, Jaipur. Download Manuscript Ancient scriptures and changing social mores form the foundation of India’s complicated history of the fight for marriage equality. Despite progress in LGBTQ+ rights around the world, India has encountered formidable societal and legal obstacles. It would appear that ancient Indian society was more accepting of same-sex relationships, but homosexuality was criminalized in post-colonial regulations, particularly Section 377 of the Indian Penal Code. The Supreme Court of India struck a major victory for LGBTQ+ rights in 2018 by repealing this law. Still, same-sex weddings are not permitted in India, no matter how far the country has come. The continuous fight for marriage equality is reflected in the current Judgment of the SC, which rejected the legalization of same-sex marriages. Although it does not go far enough, the court has proposed establishing a group to examine expanding legal protections for same-sex couples. As a result of the decision’s uncertainty and continuation of discrimination, campaigners and LGBTQ+ individuals are disappointed. Attitudes towards homosexuality in India have been impacted by cultural and religious factors. Equal rights and elimination of discrimination grounded on “sexual orientation” can only be achieved through the legal acceptance of same-sex marriage. Justice, equality, and the value of each person’s independence and freedom are all tenets of the Constitution, and this measure complies with them. There are several legal, cultural, and historical obstacles in India’s way to marital equality. Even though we have come a long way, like when homosexuality was decriminalized, the struggle for equal marriage rights is far from over. In order to achieve genuine equality and ensure that LGBTQ+ individuals can live with respect and dignity, there must be legislative reforms and public acceptance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 795-823. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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POLICE BRUTALITY IN INDIA: ITS IMPACT ON INDIVIDUALS AND THEIR RIGHTS

Volume II Issue I /

POLICE BRUTALITY IN INDIA: ITS IMPACT ON INDIVIDUALS AND THEIR RIGHTS Hiral Vora, Semester 10 Student at United world School of Law, Karnavati University. Download Manuscript ABSTRACT Police brutality in India is a pressing issue that reflects a systemic failure within the Indian police system. This dissertation delves into the pervasive nature of police misconduct, including illegal detentions, abuse, and torture, highlighting that these practices are not isolated incidents but deeply ingrained within the system. It emphasizes that addressing police brutality requires more than just attributing it to a few “bad apples” but necessitates comprehensive reform of the entire system. Beyond the immediate physical harm caused, police brutality violates fundamental human rights and erodes trust between law enforcement and the public. The dissertation aims to investigate instances of police brutality, analyze accountability mechanisms, and recommend ways to prevent violations and enhance police accountability. Research questions explore the influence of race and ethnicity on experiences of police brutality, the impacts on victims, legal remedies available, societal consequences, effectiveness of training and policies, and international approaches to addressing this issue. The hypothesis posits that police brutality negatively affects individuals, violating their rights and fostering fear and mistrust. Through a quantitative methodology involving literature analysis and media reports, this study seeks to provide insights into the complex dynamics of police brutality in India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 306-351. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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

Volume II Issue I /

CONSTITUTIONAL IMPERATIVES AND GLOBAL PERSPECTIVES: A COMPREHENSIVE LEGAL ANALYSIS, SOCIO-POLITICAL AND ECONOMIC EXPLORATION OF SAME-SEX MARRIAGE RECOGNITION IN INDIA Disha, Ph.D. Scholar | Senior Research Fellow, Dr. K. R. Narayanan Centre for Dalit and Minorities Studies, Jamia Millia Islamia, New Delhi, India Download Manuscript ABSTRACT 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. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 288-305. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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

EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA

Volume I Issue II /

EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA Arpita Shukla, Law Student at Lloyd Law College. Download Manuscript ABSTRACT “Marriage is a more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of offspring.” Traditionally marriage is perceived to be the union of persons of opposite sexes, this is observed as a by-product of the law of nature. Marriage is a cornerstone of human civilization. It is unreasonable to withhold these rights and protections based on a person’s sexual orientation when so many rights are connected to marriage. Scientifically, being part of a diversity of species, it is “natural” to be a homosexual. These instincts are not self-made or self-engineered. They are rooted in a person’s inherent sexuality. Being homosexual does not imply being queer or abnormal. It is all a matter of mindset, not the law.  Therefore, ‘Gay marriage’ or ‘Lesbian marriage’ ought to be allowed. The freedom to marry is not officially recognized as a basic constitutional right in the Indian Constitution. However, the freedom of choice in marriage has been recognized as an essential component of Article 21 of the constitution through judicial interpretation by the Apex Court of the country. Marriage as an institution is founded on exclusion. Same-sex marriages are still not accepted in Indian society despite other dynamic changes.  It is important to understand that without social support, laws alone cannot bring about social change and development. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 163 – 171. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA A COMPARATIVE ANALYSIS OF THE DPDP BILL AND OTHER PRIVACY LAWS ARTIFICIAL INTELLIGENCE (AI) IN LAW: FROM FICTION TO REALITY DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS PRESUMPTION IN FAVOUR OF THE RAPE VICTIMS UNDER THE EVIDENCE ACT, 1872: TRACING THE SOCIAL, LEGAL AND ETHICAL IMPACT ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE

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