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Explore the legal battle for same-sex marriage rights in India. Understand the Supreme Court verdict and its implications for LGBTQ+ couples.
Legalizing Same Sex Marriage in India: Debates and Challenges
Country | Law |
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Netherlands | The Netherlands became the first country to give Same-sex couples the legal right of marriage and adoption. |
Canada | In 2005, Canada’s federal legislature legalized same-sex marriage. |
South Africa | In 2006, South Africa became the first country in Africa and the first country in the Southern Hemisphere to legalize same-sex marriages. |
Argentina | In 2010, Argentina became the first country in Latin America to legalize same-sex marriages in the country. |
New Zealand | After received approval from the crown in 2013, New Zealand became the first country in the Asia-Pacific region to allow same-sex marriage. |
England and Wales | After approval from the queen, same-sex marriage in England was legalized through a Parliamentary measure. |
Ireland | Ireland legalized same-sex marriages in the country in 2015 through a popular referendum, making it the first country to legalize such marriages by popular vote. |
United States | After a decision by the Supreme Court in 2015, protecting the rights of people in marriages, the federal government approved same-sex marriages. |
Taiwan | Taiwan became the first Asian country to legalize same-sex marriages after the country’s Constitutional Court found a law recognizing marriage as between a man and a woman to be unconstitutional. |
Estonia | Estonia’s parliament approved same-sex marriage in June 2023, making it the first ex-Soviet and first Baltic country to do so. |
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Same sex marriage in India refers to marriages between two individuals of the same gender.
The colonial-era Section 377 of the IPC criminalized homosexuality. This law was scrapped by the Supreme Court in 2018.
Currently, same sex marriage in India do not enjoy legal status in India due to rigid definition of gender in the laws. India’s laws define marriage as a union between a man and a woman.
In 2018, the Supreme Court’s constitutional bench, in Navtej Singh Johar v. Union of India judgment, decriminalized homosexuality.
The court has said that the issue of same sex marriage in India was beyond its scope and instead must be decided by the Parliament of India. However, it has ruled that same-sex couples have the right to adopt children.
The centre had cautioned that constitutional declaration made by the court on the petitions seeking legal validation for same sex marriage in India may have negative fallout. The centre also says that decisions on marriages can only be made by the Parliament.
The United States, England and Wales, New Zealand, Taiwan, Argentina, South Africa etc are some of the countries that have legalized same sex marriages.
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