Legalization of Same-Sex Marriage- A Distant Dream of LGBTQs in India

Abstract

Since ancient times, the LGBTQ community has been treated differently and hence, they never came forward to speak of who they are and that society should accept them. With advancing time society has started to accept them and recognize their rights but they still face many problems as the acceptance as well as the rights are limited. There is hope, but also a long way to go, to take them to a level equal to other males and females. The author in this essay focuses on the marriage rights of the LGBTQs. How they are discriminated when it comes to be legally recognized as married couples? How being not recognized by law affects the couple and Why they cannot adopt children or buy a joint house? The author has analysed the different personal laws in India, including the Special Marriage Act, 1954 and Uniform Civil Code and how they do not allow same-sex marriage.  Further, the essay also provides with some solutions as to how can these laws be amended to legalize the marriage of homosexual couples and what role can judiciary play in ensuring such rights.