Advanced International Journal for Research

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Volume 7 Issue 3
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Same Sex Marriage in India- a Constitutional and Socio Legal Analysis

Author(s) Ms. Deepika Mishra, Dr. Anshuma Upadhyay
Country India
Abstract We are moving to the era of AI and encompassing modern technology into every aspect of our life but we haven’t upgraded our judicial and legal system to welcome the marriages in the LGBTQAI+ community. This is not just about legal recognition of same sex marriages it is more about social norms, legal framework, constitutional rights and evolving human rights. While consensual same-sex relationships have been decriminalized, the absence of legal recognition of same-sex marriage continues to create a gap between individual liberty and institutional acceptance. In this paper we will try to examine the constitutional validity of denying marriage rights to LGBTQAI+ community by analysing key provisions such as Articles 14, 15, and 21 of the Constitution of India.
Something that also has been a part of our history we will try to look at historical background of same sex relationships, we will move forward by highlighting references from ancient texts such as the Ramayana and the Mahabharata, and contrasts them with the impact of colonial laws like Section 377 of the Indian Penal Code. Next we will evaluate the role of the judiciary through landmark decisions, particularly Navtej Singh Johar v. Union of India (2018) and Supriyo v. Union of India (2023), to understand the progress and limitations in judicial recognition of LGBTQ+ rights.
We will also ponder over key challenges in the legal recognition of same-sex marriage, including personal laws, social stigma, legislative inaction, and religious concerns. It argues that while the judiciary has played a transformative role in affirming dignity and equality, the realization of full marital rights requires legislative intervention.
Keywords Same Sex Marriage , Indian Constitution, LGBTQ+ rights.
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 2, March-April 2026
Published On 2026-04-27
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E-ISSN 3048-7641
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