The five-judge Constitution Bench of the Supreme court, which decided on the same-sex marriage case, in a 3:2 majority, held that non-heterosexual couples cannot claim an unqualified right to marry.
How Special Marriage Act 1954 poses some hurdles for legalizing same-sex marriage in India?
In summary, the current language and provisions of the Special Marriage Act pose procedural and social hurdles for legalizing same-sex marriages. Overcoming the legislative and political challenges to amend the Act will likely be difficult. Advocates may need to explore alternative legal recognition for same-sex couples. |
Some key hurdles in this regard are:
In summary, the interplay between Indian domestic laws that define marriage as heterosexual and the laws governing recognition of foreign marriages creates legal hurdles for same-sex couples married abroad seeking recognition in India. Progress on the domestic front regarding marriage laws and LGBTQ rights would be needed first.
LOG IN
Guru का मार्गदर्शन (Guru Mentorship)
Topic Wise Smart Notes
Modular Classes
Mock Test & Personalize Feedback
CREATE AN ACCOUNT
If you haven’t created your account yet, please Login HERE !
Guru का मार्गदर्शन (Guru Mentorship)
Topic Wise Smart Notes
Modular Classes
Mock Test & Personalize Feedback