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CIVIL RIGHTS OF SAME-SEX COUPLES IN INDIA: A COMPARATIVE STUDY WITH UNITED KINGDOM

By Divya Saxena & Ayushi Vyas


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Abstract
Going against the wishes of more than half of the citizens of his nation, 3 years ago, the then chief justice of India, Dipak Mishra in his judgement quoted, “I am what I am, so take me as I am” and gave the verdict of decriminalizing same sex relations and held archaic law unconstitutional. September 6, 2018 was the historic day for the LGBTQ community as they celebrated their “first” small victory in the long battle because they very well knew this was not enough. Though it decriminalized section 377 but did not address any of the issues related to marriage, property and adoption rights. They are merely getting the recognition and journey to rights is a long way to go. The criminalization of same sex relations was the idea of the British colonial law which left the anti LGBTQ legacy in Indian frame of mind which once upon a time accepted all relationships with whole hearts in Indian Culture. Gradually and progressively, Great Britain accepted the fact and circumstances of the havoc they created in the minds of people and welcomed LGBTQ wholly. This paper mainly focalizes on the pressing issue going on regarding the right to marriage of homosexuals and attached civil rights and privilege and with the help of a comparative study with United Kingdom’s legal provision, it suggests some measures to accommodate civil rights to the same-sex couples.
Keywords
Same-sex couples, Homosexuality, Civil rights, LGBTQ, Marriage laws.

TypeResearch Paper
InformationLex Humanitariae: Journal for a Change, Volume II issue IV, Pages 263 – 271
ISSN 2582-5216
Creative CommonsThis work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Copyright© 2021- Lex Humanitariae: Journal for a Change