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Same Sex Marriage: A Comparative Analysis

Author : Sishi S and Roshini T Journa Name: International Journal of Law Management & Humanities Country : India Volume: 7 issue: 4 Year: 2024 Views : 425
Abstract:
Marriage has always been considered holy, whether sacrament or contract. It is an intrinsic union between two "individuals'. In most developed nations, marriage as a union between a man and a woman is gradually being replaced by the union between two persons or individuals irrespective of gender. A growing body of literature provides important insights into the meaning and impact of the right to marry a same-sex partner among sexual minority people. However, the Indian Law is ambiguous whether same-sex marriage is legal, and if made legal then what would be the marital rights and consequences. Homosexuality is usually seen as a western concept and accepting the same is challenging socially and legally. After the magnanimous judgment of decriminalising homosexuality, the next appropriate step seems the legalising of same-sex marriage. There are two pressing questions in this regard. Can same-sex marriage be made legal in personal laws? Should there be a new law altogether to govern the marital rights arising out of same-sex marriage? The word "sex" and anything related approximately to the said term is considered taboo. The various forms of human sexuality are seldom discussed, let alone at the academic forefront. There is a need for additional research on the impact of equal marriage rights and same-sex marriage on the health and well-being of diverse sexual minorities across the globe. The introduction of same-sex marriage would not eliminate this discrimination against same-sex married couples, but it would remove the problem of ignorance, and remove one of the excuses for prejudice. It will not change at all the law applying to mixed-sex marriages, and is therefore a minor alteration compared to what has gone before. The sheding light of this paper deals with understanding human sexuality and the need for introducing and legalising same-sex marriage.

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