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Same-sex marriages across borders and its recognition in India: a study of legal challenges

By: Rattan, Toshi and Meena, Asha.
Material type: materialTypeLabelBookPublisher: Bihar Journal of Public Administration Description: 21(2s), Jul-Dec, 2024: p.459-470.Subject(s): Same-sex Marriage, Solemnized abroad, recognition, Legal framework, IndiaSummary: Although the basic rights of LGBT categories of sex have been protected in India by Transgender Persons (Protection of Rights) Act, 2019, yet the formation of family and adoption of children by same sex couple have neither been approved legally nor socially. The countries of Indian peninsula have almost similar trend, however, some Asian countries, on the line of Western countries, have recently granted recognition to same sex marriages. Here arise questions - how the conjugal rights of same sex be assured in India? How the same-sex couple, whose marriages have been legally solemnized in other countries, can be protected in India? The formal acknowledgment of same-sex marriages remains contentious. As such the present paper explores the legal implications surrounding the recognition of foreign same-sex marriages in India, emphasizing the confl ict between established cultural norms and evolving legal frameworks. On the basis of analysis, it can be highly advocated for a judicial approach that may balance individual dignity with societal expectations. - Reproduced http://www.iipabiharbranch.org/upload/BJPA%20Vol.%20XXI%20No%202(S).pdf
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Although the basic rights of LGBT categories of sex have been protected in India
by Transgender Persons (Protection of Rights) Act, 2019, yet the formation of
family and adoption of children by same sex couple have neither been approved
legally nor socially. The countries of Indian peninsula have almost similar trend,
however, some Asian countries, on the line of Western countries, have recently
granted recognition to same sex marriages. Here arise questions - how the
conjugal rights of same sex be assured in India? How the same-sex couple, whose
marriages have been legally solemnized in other countries, can be protected in
India? The formal acknowledgment of same-sex marriages remains contentious.
As such the present paper explores the legal implications surrounding the
recognition of foreign same-sex marriages in India, emphasizing the confl ict
between established cultural norms and evolving legal frameworks. On the basis
of analysis, it can be highly advocated for a judicial approach that may balance
individual dignity with societal expectations. - Reproduced

http://www.iipabiharbranch.org/upload/BJPA%20Vol.%20XXI%20No%202(S).pdf

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