Section 377

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