Relative exploration of the same-sex marriage discourse in Canada, the UK and India-Dilemmas unveiled
By: Talukdar, Sougata
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Material type:
BookPublisher: Journal of Indian Law Institute Description: 66(2),Apr-Jun, 2024: p.207-248.Subject(s): same-sex marriage, Indian legal status| Item type | Current location | Call number | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | Available | AR136732 |
Following the recent ruling of the Supreme Court of India in Supriyo v. Union of
India, the debate regarding same-sex marriage legalisation again popped up on the
surface by considering the sufferings of same-sex couples due to human rights
violations and the likelihood of recognising same-sex marriage under the Indian
traditional marriage jurisprudence. The legitimisation of same-sex marriage in
countries like Canada and the UK shows the steps that are required to be followed
to sensitise the society before recognising same-sex unions under “marriage”
institution, as this institution has social, ethical, religious and legal implications.
Now the following questions remain open: whether as a multi-religious country
India should follow the path of Canada and the UK in recognising same-sex
marriage? Whether the existing marriage jurisprudence is sufficient to legalise
same-sex marriage in India? This paper will primarily make an effort to answer
these questions in detail by studying the legal intricacies of same-sex marriage in
Canada and the UK and by making a relative study of the contemporary Indian
legal status towards same-sex marriage. - Reproduced
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