INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016
Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI)
The historical backdrop of same-sex relationships in India is rich, revealing a more progressive society in ancient texts compared to post-colonial India. The criminalization of such relationships under Section 377 of the Indian Penal Code was introduced by the British, creating a hostile environment with penalties of imprisonment and fines. India's social structure failed to support this vulnerable community. In the 21st century, global movements against discrimination sparked similar activism in India. The landmark Navtej Johar case led to the decriminalization of same-sex relationships by the Supreme Court of India, bolstered by the privacy judgment, providing a foundation for advancing LGBTQ rights. However, resistance persists within legislative bodies, evident in cases like the one before the Delhi High Court. This paper will conduct a doctrinal analysis of the LGBTQ movement in India, focusing on the judiciary's role and the Supreme Court's liberal interpretation to protect the interests of this marginalized group. It will also explore recent developments, particularly regarding marital rights in the Delhi High Court case, and speculate on future actions in India.
Keywords:
LGBTQ rights, Navtej Johar, privacy
Cite Article:
"SAME SEX MARRIAGE AND IT'S ADVERSITY IN INDIA", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.9, Issue 4, page no.a245-a251, April-2024, Available :http://www.ijnrd.org/papers/IJNRD2404033.pdf
Downloads:
00044
ISSN:
2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
Facebook Twitter Instagram LinkedIn