Same Sex Marriage: The India Scenario

By Vartika Aggarwal, Vivekanada Institute of Professional Studies.

The term ‘homosexuality’ in the literal sense means, being sexually attracted to a person of the same sex as one’s own. Homosexuality entails, leading of life by an individual over which he/she has complete right as assigned to him/her by the Constitution of a nation,  a right to lead life with dignity and respect. There are references of homosexuality in our ancient literature & scriptures  which reflect that the concept was prevalent in our society in ancient times as well. However, India till date remains an over conservative and religion based nation and hence same sex or gay marriages are looked down upon in India. (more…)

‘Does the U.S. Supreme Court Judgement Legalising Same Sex Marriages Matter to India?’

By Hita M. Agarwal, WBNUJS, Kolkata.

If you are one of the 1.5 billion Facebook users over the world, you could not have possibly missed out on vibgyor marked profile pictures over the course of last week.

For the uninitiated, the facebook.com/celebratepride filter marked the Obergefell v. Hodges judgement, which legalised same-sex marriage in all fifty states of the United States of America. The judgement overturned the ruling in Baker v. Nelson, which was decided in 1972. (more…)

Marriage equality or a naturally sterile union: LGBT rights as decided upon by the Apex Court of U.S.A.

By Anaida Kuthiala, Army Institute of Law, Mohali.

A swift torrent of change rose when the U.S. Supreme Court in Obergefell v. Hodges on 26 June, 2015 ruled, by a 5-to-4 vote that the Constitution guarantees a right to same-sex  marriage in all 50 states. This decision is a culmination of decades of litigation and thus it came against the backdrop of the changing opinions of the masses which was portrayed as being now approving of the union of two persons – of whatever sexual orientation, thus expanding the array of marriage, which is the keystone of our social order. (more…)