Relative exploration of the same-sex marriage discourse in Canada, the UK and India-Dilemmas unveiled
- Journal of Indian Law Institute
- 66(2),Apr-Jun, 2024: p.207-248
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