SAME SEX MARRIAGE AND IT'S ADVERSITY IN INDIA

SAME SEX MARRIAGE AND IT'S ADVERSITY IN INDIA

Registration ID: IJNRD_217236

Published ID: IJNRD2404033

DOI: Click Here to Get

Tulika

LGBTQ rights, Navtej Johar, privacy

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.

Published Paper   E-Certificate

"SAME SEX MARRIAGE AND IT'S ADVERSITY IN INDIA", IJNRD - INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (www.IJNRD.org), ISSN:2456-4184, Vol.9, Issue 4, page no.a245-a251, April-2024, Available :https://ijnrd.org/papers/IJNRD2404033.pdf

Volume 9 Issue 4, April-2024

Pages : a245-a251

Paper Reg. ID: IJNRD_217236

Published Paper Id: IJNRD2404033

Downloads: 000121160

Research Area: Other

Country: Aliganj, Lucknow , Uttar Pradesh, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2404033.pdf

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2404033

Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016

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This work is licensed under a Creative Commons Attribution 4.0 International License and The Open Definition

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