Marriage is an institution admitting men and women to family life, with the implied purpose of parenthood and establishment of a family. The institution has social approval and religious sanction. But, in the present times, the meaning of marriage and relationships is starting to change.

The major changes observed in the matrimonial system in India can be identified as follows:

• Varied criteria for partner selection: More importance is given to personal interests, preferences, housing, working status, prestige, friend circle, etc. rather than to family considerations of caste and ethnicity.
• Increase in the age of marriage: Focus on personal and professional growth has made higher education and a stable job a priority before getting settled in marriage, leading to higher mean age of marriage.
• Increased instances of divorces and desertion: Individualistic lifestyles and uncompromising attitude resulting in disagreement and disputes between partners have led to an increase in the instances of divorces.

The most recent trend with respect to the marriage system in India is related to the issue of same-sex marriages. The Supreme Court of India has received multiple petitions for legal recognition of same- sex marriages under the Special Marriage Act, 1954 and to extend the right to the LGBTQIA+ community by making marriage between any two persons gender- neutral.

The issue is of seminal importance due to the following reasons:

• Rights associated with marriage: Though homosexuality was decriminalized in 2018, due to lack of legal sanction of marriage, same-sex couples have trouble accessing some basic relationship rights such as inheritance, social security benefits, etc.
• Right to equality and non-discrimination: Articles 14 and 15 of the India Constitution prohibit the State from discriminating on the basis of sex. Further, the term “sex” has been interpreted by the Supreme Court in the case of Navtej Singh Johar v Union of India (2018) to include “sexual orientation”.
• Right to privacy: The Supreme Court recognized this right to be part of the right to life and liberty under Article 21 of the Constitution in the verdict of Justice K.S. Puttaswamy & Anr. versus Union of India & Ors. (2017). According to the judgement, privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, and sexual orientation.
• Issues regarding children: Adoption, surrogacy, or even IVF for homosexual couples is almost impossible legally. There is also lack of clarity regarding the fate of children adopted in case the couple decides to part ways after some years.

At the same time, there are certain concerns with respect to legalizing of same-sex marriage, such as:

• Legal issues: The socially, culturally and legally established definition of marriage in India presupposes a union between two persons of the opposite sex and any attempt to change this will disturb the delicate balance of personal laws and societal values in the country.
• Cultural ethos: The State has a legitimate interest in maintaining a societal equilibrium and in ensuring that new practices do not lead to the breakdown of our cultural ethos and family system.
• Procreation: Traditionally, the primary purpose of marriage is seen as procreation and one of the arguments against same-sex marriage is that a couple of the same sex cannot reproduce.

Enforcing same-sex marriage in a diverse country like India will not be easy as the structures and attitudes entrenched over generations will require a conscious attempt to open minds in order to change.