Legal Recognition of Same-Sex Relationship


same-sex relationship is a correlation among individuals of the same gender and can take various forms, from passionate and sensual, to pragmatic homosocially-close relations. The term is principally related to gay and lesbian relationships. Same-sex unions, also known as a gay wedding, is the marriage of two people of the same gender, entered into a public or spiritual ceremony which is a part of same-sex relations. Homosexual wedlocks are too the fiery matter of today’s scenario. There is information about same-sex marriage starting back to the beginning era. In the new time, the principal order approving same-sex union came into force in the Netherlands on 1 April 2001. 

Homosexualism is a kind of sexual familiarisation defined by sexual desire almost solely for individuals who are known as being of the same gender. People who are homoerotic, especially men, are also known as ‘gay’ and women homoerotics are known as ‘lesbians’. It can also be described as intimate relationships with another of the same gender regardless of one’s sensual orientation and gender identity.

Even though gay relations are an affair of Indian society, still there is a need to propose a particular ground why same-sex tie-ups are wrong for the nation that is not established on religion. The classical Indian community always holds a very miserable, small and only one type of look at ‘courtship’. But with some change of modern way of life in metro cities and change in IT and the viewpoint of people, particularly that of youth and social activists, towards affinity is changing. The big discussion between the moralists and liberalists can be, properly explained with the aid of Tihar Jail Sex Altercation. In our country, bisexuality is not targeted by the law in a direct manner. Though, it is discursively managed by Sec. 377 of IPC, which cause the law of carnal relations towards the command of life with any man, lady or animal a crime. The doctors suggested that protection should be given to convicts to guard them against HIV, but the IG of prisons, Kiran Bedi, questioned this opinion stating that it would promote homosexuality which is a sin.

Even though the law has decriminalised Sec.377 but there is need to make same-sex marriages legal in India and to change our thoughts and vision with regard to same-sex wedlocks. We need to take that the principal object of carnal relations is not only reproduction but also the satisfaction of human life.

The Delhi High Court decision in Naz Foundation v. Govt. of NCT[1] of Delhi of 2009 found Section 377 and other legal prohibitions against private, adult, consensual, and non-commercial same-sex conduct to be in direct violation of fundamental rights provided by the Indian Constitution. Section 377 stated that: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine,” with the added explanation that: “Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.”

Gay Marriage under Indian Personal Laws

Weddings hold an influential pious and aesthetic importance along with cultural value. Wedding is supposed to be a ceremony and the spiritual customs are a necessary part of the conjugality. That reasonably describes many cases of lesbian weddings, comprising the execution of sacred rituals, exchange of festoon in place of worship or quasi-judicial friendship agreements (maitrikarar) in some recorded matters. For example, in 1988, 2 patrolwomen tied a knot with each other in a Hindu tradition. Their wedding could not be listed and they were removed from their job, their wedding was encouraged and approved by their family members and society. Fascinatingly, the numerous recorded lesbian conjugalities have occurred mostly among the small village, lower-middle-class, non-English speakers and women who are not related to the LGBT campaign.

 In this environment, the best satisfying thing would be the acceptance of Homosexual marriages under personal marriage laws in India. In our country Christians, Muslims and Hindus have different laws concerning marriage, succession etc. The Hindu Marriage Act, 1955 states that the age of the man should be 21 years and the woman should be of 19. 

Whereas the Indian Christian Marriage Act, 1872 states that the groom should be of 21 years and bride of 18. As Muslim tie-ups are not controlled by law, there is no legal definition of ‘wedding’, but they are commonly recognised to be a contract for propagation. Hence, all Indian private statutes seem to imagine a ceremony as only a heterosexual coupling. Acceptance of Homosexual tie-ups stated in Hindu personal laws can be acquired by any individual of the approaches given below:

  • Evaluating the current law to allow Homosexual weddings, 
  • Explaining that the LGBT society comprises a separate association and their tradition permits gay marriages,
  • Reading down the Hindu Marriage Act to authorise same-sex relations, on the reason that it would otherwise be declared illegal, and
  • Lastly improving the statute to approve same-sex marriages.

Definition of marriage shall be extended to include same sex marriages

The traditional definition of marriage is ‘marriage is the union of a man and a woman’ and so cannot be extended to same sex couples. The real definition of marriage is that marriage is a companionship of two persons with identical values of life and living. It is a tool for developing honest, voluntary, long lasting and mutually accountable relationship between two people. It was created for human kind not the opposite. It is the time for us to change our concepts of marriage and to recognize same sex marriages as valid marriages.

Reasons for Legal Recognition of Homosexual marriages:

A recent survey of sexual practices in rural India by the UNFPA discovered that “male-to-male sex” is not surprising. A greater rate of boys in the research declared having male-to-male copulation than coitus with prostitutes. This remained true of both wedded as well as bachelor man. About 10% single man and 3 % married man stated having carnal copulation with other males in the past twelve months. The study broadcasted 50 towns in 5 regions of 5 states with commentary on sensual practices from close to 3,000 interviewee and detailed interviews on intimate manners from 250 individuals. The information is suggestive of truth that the administration is either incapable or reluctant to see.

The actual danger to a wedding is the critically leading separation rate. Wedding is additionally a lawful joining of two people. Individuals who are atheists prefer to tie a knot in a registry office and not in a temple. Marriage is the most prominent commitment you can give to one another. Gays and lesbians are simply individuals and possess similar requirements and wishes as normal individuals. Marrying someone is the best way to show their affection and loyalty to their spouse, then why gay people are denied this claim. Those who do not give their ethical views should be free to make their selection on this as on other matters. 

The debate that same-gender weddings should not be addressed as legitimate “because they cannot create children” is absurd. If two individuals admire each other and aspire to join their destiny, then it’s a delicate matter which should be appreciated. Regardless if it’s named “wedding ceremony” or “living agreement” it is immaterial. The generality of Human rights directs that prevalent and influential aesthetic and civil measures cannot be conjured in a way as to withdraw or restrain fundamental and statutory rights. 

If people have to trust the government’s reasoning in the Delhi High Court matter, then various uniform statutes in our country would never be established. For instance, even now numerous men believe that custom grants them a license to beat their spouses, or that all men deserve to get a really large amount of dowry merely because they existed with a stronger personality. If we invest in these cultural ideas, then nothing will change the law that we have created to end brutality against ladies or dowry and deaths concerning dowry.

On 6 September 2018, the Apex Court announced its decision. The Supreme Court consistently directed that Sec. 377 is illegal as it violated the fundamental privileges of freedom, intimacy, and integrity, therefore approving homosexuality in our country. The Bench exceptionally reversed its 2013 decision.

Criminalising sexual copulation is erroneous, unreasonable and considered illegal.

Chief Justice Dipak Misra

Problems & Difficulties OF Same-Sex Relationships

The problem of Homophile conduct to this anterior in current legal, as well as a political discussion, for some purposes, such as:

  •  Campaigns for LGBT rights, primarily in the US, have exerted on a more general view, contending for an ending to all kinds of prejudice against bisexuality, and also for the legalization of same-gender weddings.
  •  The epidemic of HIV and AIDS which has spread in the westernmost nations to a large extent by same-sex activity among men has led to charges and counter charge, usually of a severe kind on Spain, Belgium and the Netherlands, as well as Canada in accepting homogenous tie-ups.
  • Same-gender intercourse is condemned by death in 9 nations throughout the globe. Aside from the severe lawful scene, same-sex people face cultural disgrace as well. Homogenous weddings are yet unbelievable as any case of carnal relations within a couple of the same-gender carries hate and aversion. There is an established practice of dowry in Indian society to defend which the practice of same-gender wedlocks are discouraged. If both are male, or if both are females, a question arises that who would give the endowment to whom. 
  • Furthermore, Homogenous relationships are supposed to be unusual or opposite to the system of creation. Our culture is immersed in custom and this shows on the judicial order as related to mutual relations. The social management in our Nation is a belief based that looks propagation as a necessity for the performance of various spiritual rituals. It is supposed that if same-sex weddings are approved it will ruin the notion of ancestral family and the sacredness of a union will suffer. It should be remembered that our society is paternal and the point that some males and females have diverse preferences, which is not approved by the ‘system’, threatens them in a manner.

Our judicial system has formed a confusion of laws and privileges relevant to same-gender couples and their kids that usually differ depending on the county, town, or magisterial district in which they live, or the company at which they work. This erratic body of government formulates vulnerability, indecision and confusion, circumstances which are unsatisfactory in a country wherever expected system and democracy are supreme importance.

 By preventing the initiation of a family by the way utmost broadly accepted in Indian tradition that is a wedding, declares completely ban total involvement in American community by lesbians and gay as well as their kids. The family is the most vital formation part of our community as they give emotional as well as mental comfort, safety, dedication, and a sense of acceptance. There is no base for an argument that physical orientation is inappropriate to the pleasure of these primary human preferences. There is nothing about the sexual preference that makes a person more or less desiring, proficient, or deserving of those benefits. The concern in a steady community is excellent when relationships are built and live uninjured. This is an actual inconsiderate of the sex of the better half.

The judicial acceptance of homogenous couples everywhere in the world is complicated and developing quickly. Some authorities allow same-gender partners the equal benefits to a wedding as Heterogeneous partners, while many authorities have established a separate judicial status, termed as civil unions, for Homosexual couples. Similarly, various nations throughout the globe remain to ban same-sex pair from beginning any kind of legally known relations. 

This design is supposed to give a source to support question answers about, whether specific authorities everywhere in the world provide legal status to same-gender couples. 

The Apex court in its milestone decision in 2018, decriminalised same-sex relationship but did not get into civil rights issues. In April 2019, the Supreme Court dismissed an appeal asking civil rights like wedding, adoption and surrogacy. But in the same month, the Madras High Court approved matrimony between a man and a transwoman.

Household Labor Allotment by Couples 

Numerous researches have proposed that same-gender partners growing kids collectively tend to share income-generating and household obligations likely as different-sex parents do. Philosophers have said that this distinction highlights the continuing importance of gender. Yet many comparisons of labour allotment by same-gender partners outrank the opportunity of legitimate wedlock. Consequently, the couples examined in these two figures of study vary in two main regards. The first one, which is directly apparent, is whether the couple is Homosexual. The other, very rarely considered, is whether they are wedded or not. This segment concisely examines current research on work allocation selections made by homogenous and heterogenous couples, concentrating mainly on a study about parents, before reviewing how homogenous wedding gives the chance of generating new conclusive prototypes that relate the relevant value of ceremony and gender beliefs in the preferences couples do.


It is clear,from previous discussions, that homosexuality is a complicatedaspect indigenous to all communities from the old days of their creation. Even though the tradition of Bisexuality has been in opposition, nonetheless, it has remained a part of the culture. There is no hesitation in saying that there is a model of unfairness toward bisexuals which permeates max. importance of our social life also that is fixed in a heterocentric arrangement that forms our legal, financial, governmental, cultural, personal, domestic, traditional, academic, and clerical institutions. The source of this model of unfairness is reasonably a firm system of preference about sexual orientation that puts heterosexuality as the regulating form of individual sensuality and thus suggests discrimination upon anyone who comes outside of this model.

For some, heterosexuality might be a ‘common practice’ and it is not compulsory that a cultural practice needs to be normative as well. Just because a method is familiar to a large no. of individuals that don’t regularise it. Most of the passengers in a local train travel without purchasing tickets, but can this be termed as regularising.

In accordance, with the study of same-gender wedding that is should it be approved or not. This is more like a religious disputationthana political one. There is no purpose, to separate because of blind hatred, which prevents a gay couple, performing a civil celebration which will provide them with the benefits and protection which ordinary people enjoy. Wedding is a sign of dedication and affection. If a gay couple or lesbian couple wants to prove that assurance, how does that end or harm the prototypes of wedlock? Aren’t we subsisting in an era which appreciates the people’s freedom to select and India is estimatedto be the nation of the free, in our culture individuals own stamped homosexuals as unusual. But Bisexuality is not recent nor is it opposite to Indian tradition, it has always subsisted with a lesser trial, that under Sec.-377 of the Indian Penal Code, which is based on British Offences on the Persons Act.

What should be the best way to deal with homogenous ceremonies, the problems are quite broad and complicated. Nonetheless, the usefulness and utility of such a program continue to be determined. In any case, there is a developing sentence that our existing method of criminalizing homogenous carnal activity neither supports the homoerotic nor guards the community in common. Therefore we need to legalize same-gender weddings to move ahead in the way of human rights.

Possible Questions

  1. What is Household Labor Allotment that is done byCouples?
  2. What are the problems of same-sex relations?
  3. What are the reasons for decriminalising same-sex marriage?
  4. Define same-sex marriage?
  5. What is the status of same-sex marriage under Indian personal laws?



Legal Recognition of Samesex Relationships in India, available at:

Legal Recognition of Same-Sex Relationships: New Possibilities, available at:

Same Sex Relationship – Time for Legal Recognition in India, available at:

Same-Sex Marriage, available at:

[1]Naz Foundation v. Govt. of NCT of Delhi (2009), 160 Delhi Law Times 277

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