Team  SoOLEGAL

After legalising Homosexuality, lawyers now strive to make same-sex marriage a Constitutional Right in India: Advocates — Menaka Guruswamy and Arundhati Katju

Team SoOLEGAL 26 Jun 2020 3:11pm

After legalising Homosexuality, lawyers now strive to make same-sex marriage a Constitutional Right in India: Advocates — Menaka Guruswamy and Arundhati Katju

In September, 2018 the Supreme Court passed a landmark judgment by striking down Section 377 of Indian Penal Code 1860, while recently the same advocates Menaka Guruswamy and Arundhati Katju who fought for gay rights in India two years back are now fighting for same sex marriage. These two advocates won the case by removing a 158-year-old colonial law from India that criminalizes the country's homosexuality 2 years ago.

Advocate Katju in the landmark judgment state that India is lagging behind many other countries in recognizing same sex marriage. There are more than 25 countries in the world where same-sex partnerships have been allowed in the recent years. He also added that in the future right to choose a partner must be included in the right for LGBT couples to marry.

According to advocate Menaka Guruswamy an initiative called as “Marriage Project” is largely being supported. It is a type of project which makes same sex marriage a constitutional right.

India only recognizes one thing and that is marriage as the ultimate institution which legitimizes the union of two individuals. The “Marriage Project” is an effort to validate the union of same-sex marriage in India and ultimately categorize it as legal, pious and equal as any other marriage. According to Menaka Guruswamy the “Marriage Project” has already started and recently two gay couples after getting married filed a plea to make their marriage legally valid.

According to the advocates they are confident about moving to court soon by young LGBT people. Back in 2013, while the matter was before the High Court of Delhi, only the petitioners were above the age of sixty, with less expectation or ambition. However, by the time the case was brought before the Supreme Court a few years later, the median age of the petitioners had fallen to 24.

According to both the advocates more cases will come to the court regarding the rights of same sex marriage.



Tagged: Homosexuality   lawyers   same-sex marriage   Constitutional Right in India   Advocate Menaka Guruswamy   Advocate Arundhati Katju   Section 377   Indian Penal Code 1860   LGBT  
Did you find this write up useful? YES 5 NO 1
Pradeep Lagade   5 Jul 2020 9:22pm
Waiting for possitive output..proud of you.
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Pradeep Lagade   5 Jul 2020 9:22pm
Waiting for possitive output..proud of you.
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Pradeep Lagade   5 Jul 2020 9:22pm
Waiting for possitive output..proud of you.
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Pradeep Lagade   5 Jul 2020 9:22pm
Waiting for possitive output..proud of you.
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Pradeep Lagade   5 Jul 2020 9:21pm
Waiting for possitive output..proud of you.
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