Legal Recognition: The First Step to Acceptance

Authors

  • Simran Sanjay Rane

Keywords:

LGBTQ, Marriage, Hindu Marriage act 1955, Special Marriage act 1954, Uniform civil code, Divorce, Maintenance.

Abstract

The proper functioning of any society is based on the rules and regulations that govern its member and the activities that are being carried out in it. Thus law can be said to be the strong base on which a society is built. Law that is being followed today has undergone numerous changes owing to the changes in the society. Today we have many laws, but all on them will continue to have enforceability so far it is in consonance with the supreme law of the country, i.e. The Constitution of India. The Constitution of India provides some basic right to every human being. There is no discrimination as to who can avail these rights; it is available to each and every human being. Thus the members of the LGBTQ community even though form only a miniscule fraction of the entire population is entitled to the fundamental rights as they are available to other individuals. These fundamental rights also include the right to marry, divorce, maintenance etc.... Thus this research paper focuses on understanding homosexuals and homosexuality and also understanding how current laws fail to provide for rights of the LGBTQ+community. Where there is a problem there ought to be a solution, the papers also aims to provide probable solution to the lacunaes in existing laws.

References

Yu J. Virtue: Conficius and Aristotle. Philos East West. 1998; 48 (2): 323–347.

Hindustan Today. (2023). About. [Online] Available at https://www.hinduismtoday.com/

modules/smartsection/item.php?itemid=5650 [Accessed on September 2023]

Navtej Singh Johar & Ors. Versus Union of India Thr. Secretary Ministry of Law and Justice.

Reportable in the Supreme Court of India. [Online] Available from: https://main.sci.gov.in/

supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf.

Suresh Koushal Kumar and anr Vs Naz Foundation. (2014) 1 SCC 1.

aironline.in. (2018). AIR 2018 Supreme Court 4321. [Online] Available from: https://www.

aironline.in/legal-judgements/AIR%202018%20SUPREME%20COURT%204321.

Singh KR. Indian polity and constitutional issues. Meerut, Uttar Pradesh, India: Arihant Publication

(India) Ltd; 2011.

Ravinchandran N. (n.d.) Legal recognition of same sex relationships in India. [Online] Available at

https://docs.manupatra.in/newsline/articles/Upload/B07BDF52-0AA4-4881-96AC-C742B9DB21

D.pdf [Accessed on September 2023]

Diwan P. Family law. Faridabad, Haryana: Allahabad Law Agency; 2013.

aironline.in. (2023). AIR 2006 Supreme Court 1675. [Online] Available from: https://www.aironline.

in/legal-judgements/2006+%283%29+GujLR+2182.

Academike. (2015). Divorce Under Hindu Law. [Online] Available from: https://www.lawctopus.

com/academike/divorce-under-hindu-law/.

Published

2023-08-21

How to Cite

Rane, S. S. . (2023). Legal Recognition: The First Step to Acceptance. Journal of Constitutional Law and Jurisprudence, 6(2), 52–58. Retrieved from https://lawjournals.celnet.in/index.php/Jolj/article/view/1326