LGBTQ is an acronym for lesbian, gay, bisexual, transgender and queer or questioning. These terms are used to describe a person’s sexual orientation or gender identity. Same-sex marriage refers to a legal union between two individuals of the same gender. In India, same-sex marriage is not legally recognized, and there have been several instances of legal disputes and battles over this issue. The Indian government has opposed recognizing same-sex marriage and argued that any change in human relationships should come from the legislature, not the court. Legalization of same-sex marriage has been debated for several years. The LGBTQIA+ community in India has been struggling for their rights, including their right to marry.  

In favor

• Giving effect to Fundamental Rights: Delhi High Court in Naz Foundation v. Govt. of NCT of Delhi (2009) held that section 377 of the Indian Penal Code, which criminalized homosexual conduct, violated the fundamental rights of LGBTQ individuals under the Indian Constitution. While the Court did not directly address the issue of the right to same-sex marriage, it did recognize the importance of protecting the rights of LGBTQ+ individuals, including their right to privacy and dignity under Article 21 of the Constitution of India.
• Social and Psychological Benefits: Legalizing same-sex marriage would provide social and psychological benefits, such as emotional support and legal recognition to the LBGTQ community. Marriage is a fundamental institution that provides stability and security to couples and their families.
• Global Trend: The global trend towards legalizing same-sex marriage and the example of other countries demonstrate that it is possible to recognize the rights of LGBTQ+ individuals while maintaining traditional family structures and social norms. Some of the countries that have legalized same-sex marriage include Canada, the United States, most of Western Europe, South Africa, Argentina, and Australia.
• Economic Benefits: Legalizing same-sex marriage would have economic benefits, such as increased tourism and business opportunities. Countries that have legalized same-sex marriage have seen an increase in tourism from LGBTQ individuals who wish to get married and honeymoon abroad. It would also reduce the financial burden on same-sex couples who currently have to pay for legal and medical services that are automatically available to heterosexual couples.
• Human Rights: It is a matter of human rights and social justice. It would promote equality, respect, and dignity for all individuals, regardless of their sexual orientation or gender identity.
• Legal Precedents: The Indian Supreme Court has already recognized the rights of LGBTQ+ individuals in several landmark cases, such as the Navtej Singh Johar case. Legalizing same-sex marriage would be a natural extension of these legal precedents and would further strengthen the rights of the LGBTQ+ community in India. 

Against

• Religious and Cultural Objections: Indian marriage custom is a sacred institution between a man and a woman and allowing same-sex marriage would undermine traditional Indian family structures and social norms.
• Legal and Administrative Challenges: Legalizing same-sex marriage would require an overhaul of India''s legal system and administrative procedures. It would also require changes to existing laws and regulations, which could be time-consuming and costly.
• Slippery Slope: It could lead to the acceptance of other non-traditional forms of marriage, such as polygamy and incest.
• Social Disruption: Legalizing same-sex marriage could lead to social disruption and conflict. It could also lead to the marginalization of religious and cultural groups that oppose it.
• Lack of Public Support: It lacks public support in India. They claim that it is a Western import that does not reflect Indian values and traditions.

          The legalization of same-sex marriage in India would necessitate significant changes to the country''s legal system, and the Indian government has acknowledged that it would require modifications to existing laws and regulations. In addition to constitutionally recognizing same-sex marriage, India courts should also enact legal safeguards that would prohibit religious leaders from overturning the rights of LGBTQ+ individuals. Regardless of the outcome, the ongoing dialogue and engagement on this issue are essential to promote equality, respect, and dignity for all individuals, regardless of their sexual orientation or gender identity.