Does victorian morality hold India’s legality of same-sex marriage at bay?

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12/11/21

As the legality of same-sex marriage gets approval in Latin America’s Chile, the 31st such country in the world, the stand of a diverse country like India is still not clear as the long-pending subject is lying in court while the LGBTQ community says that the country is still following the Victorian law introduced by the British which they themselves took away. A batch of petitions filed by the persons belonging to the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) community seeking a declaration of recognising same-sex marriages under the special, Hindu and foreign marriage laws, is pending before the Delhi High Court. This includes the plea of a queer couple — an Overseas Citizen of India (OCI), and a foreigner — seeking recognition of same-sex marriage under the Foreign Marriage Act and Special Marriage Act and another was on live-streaming of same-sex marriage proceedings in the country. All these pleas seeking favour of same-sex marriage will be taken up by the High Court on February 3, 2022, as the court will also hear a plea opposing the registration of these marriages under the Hindu Marriage Act and seeking its registration either religion-neutral or under secular law.

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