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Is Gay Marriage Legal In India?

First of all, gay sex or gay expression is totally legal in India, but keep in mind that, gay marriage is not recognized in India as of 2024. You can for sure marry another man as per your wish, but under Indian law, that will not be counted as a marriage. Sure, things are changing fast, and that’s why, you can hope for something good in this regard, and maybe, a few years down the line, you can see gay marriages being legal as well as recognized in India. Let’s now take a look at the important laws, rules, and regulations regarding same-sex marriage in India, shall we?

Current Legal Status Of Same Sex Marriage In India

Same Sex - Gay Marriage

In India, the approval of same-sex marriage is still awaiting Parliament’s decision. Indeed, the Supreme Court has categorically cleared the air that legalizing same-sex marriages is not its job and put the owners on legislative action, emphasizing that all such significant changes should be propelled by the legislative, not the judiciary. This is, however, a reflection of the larger struggle for equal marriage in India.

Progress and Roadblocks in History

See, with progress comes a cost. 2018 was a turning point year for the LGBTQ+ rights movement in India, as it brought a very crucial event. This very year, on the 6th of September, members of the Supreme Court decriminalized homosexuality through the striking down of parts of Section 377 that penalized intercourse between members of the same sex, which was like another landmark victory in favor of the Indian LGBTQ+ rights movement.

Cultural Influence and Societal Views

Attitudes towards LGBTQ+ range from traditional mindsets that most often stand in contradiction to modern liberal thinking. There may be a warmer reception in towns and cities, but conservative views in most other regions take over and shape the public attitudes and policy accordingly. While there has been some level of acceptance toward the community, the actual notion of gay marriage faces massive opposition based on cultural and religious beliefs.

Global Perspective on Marriage Equality

India, compared to some Western countries, is very conservative in terms of gay marriage. However, they have granted the LGBTQ+ community the right to marriage and further family life. From this international perspective, it thus becomes highlighted that this is an inequality in the recognition of gay marriages, which might bring a change by successful examples being demonstrated from other cultural settings. This could change the trajectory of gay marriage in India as the legal, social, and cultural dynamics are constantly evolving. However, the LGBTQ+ community remains ever-hopeful and resolute toward striving for social acceptance and legal recognition.

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