• Dr M. P. Chandrika

Abstract If we were asked to name a field of law that falls within the exclusive competence of States, family law would probably appear early on the list. It does not come as a big surprise that States try to shield their family law from external influences, considering it often concerns politically and morally sensitive issues, whereas family rights of same-sex couples and their children (so-called ‘rainbow families’) belong among the most controversial. States considers family law to belong among areas ‘particularly sensitive for the ability of a constitutional state to democratically shape itself’ and touching on ‘decisions of particular cultural importance’. The Apex Court of India has decided on the issue whether same sex marriage should be recognized in India. This is a sensitive issue. And the Supreme Court has in its verdict denied marriage rights to same sex couple in India. The Human Right Law says that every human being has right to marry. This right does not correspond with any duty. So, it is the choice of the man to marry or not to marry. If he/she decides to marry, whom they should marry is stated in the personal laws. All the personal laws states that the marriage can be solemnized only between men and women. Under such circumstances, when the issue has been raised before the Apex Court and the court, taking the human right perspective, decides to allow same sex marriage, plenty of legal issues will crop up. Same sex marriage is allowed in many countries. But the circumstances over there and here are entirely different. Our land is of multi religion, multi-cultural, multi-language, etc. and that most of our laws are based on the way of life we follow. Laws are nothing but what the nature dictates and according to nature, union can be only of hetero sexes. The author concedes that by not recognizing homo sexual marriages, the Apex Court has put a coma on the issue but people have filed revision petition challenging the decision. Recognizing same sex marriage leads to many legal issues such as adoption, divorce, inheritance, maintenance and guardianship. The effect is long standing especially to India which has embraced vast diverse in its culture and tradition. The article shall shed a light on the matter in light of forgoing argument.

Same Sex, Marriage, Adoption, Human Rights, Inheritance

"Legal Issues on Recognizing Same Sex marriage- An Insight", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.11, Issue 4, page no.f893-f902, April-2024, Available :http://www.jetir.org/papers/JETIR2404598.pdf

"Legal Issues on Recognizing Same Sex marriage- An Insight", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.11, Issue 4, page no. ppf893-f902, April-2024, Available at : http://www.jetir.org/papers/JETIR2404598.pdf