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Trending: Call for Papers Volume 4 | Issue 3: International Journal of Advanced Legal Research [ISSN: 2582-7340]

SAME-SEX MARRIAGES- WHETHER MODERN HINDU LAW IS SUFFICIENT IN THE CONTEXT OF THE NEEDS OF THE SOCIETY – Joyita Mukhopadhyay, Puspita Pal & Raunak Chaturvedi

ABSTRACT-

This paper deals with a very interesting question that has been raised in terms of the Modern Hindu law of India in context with an important aspect of Hinduism, that is, same-sex relations. There are many texts in Hinduism that not only recognize same-sex relations but even celebrate them and openly discuss them. This paper is an attempt to analyze how the personal law of the religion which supported same-sex relations derogated the same. This paper firstly deals with the various sources in Hinduism like Kama Sutra, Mahanirvana Tantra, Narada Purana, Krittivasa Ramayana, the birth story of Ayyappa, wall carvings of the KhajurahoTemple and various other temples of India, etc., which recognized same-sex relations and also endorsed them. The paper then moves on to discuss the jurisprudence in India, the various case laws of the Supreme Court, various High Courts, etc. with regards to the topic of same-sex marriages in India and tries to determine the current legal status of the same in the country. The paper then shows a survey conducted by the researchers to ascertain the reaction of contemporary society to homosexuality in the context of Modern Hindu Law. The paper also contains an interview with an LGBTIQA+ activist and tries to determine the take of the community towards this issue. After analyzing all of these aspects, the paper attempts to deduce the main reason behind the inconsistency and also tries to determine what might be the probable solution(s) for the problem(s), if any.