A STUDY ON ISSUES RELATING TO HOMOSEXUAL PARTNERS IN LIVE-IN RELATIONSHIP: THE UNCOVERED AREA AND THE LAW

Abstract

All individuals have the fundamental rights to choose their own partner and live together irrespective of one’s sexuality and gender identity. Moving into a Live-in Relationship is a person’s choice. This may be a heterosexual partner or a homosexual partner. The Landmark judgment on 17^th of October 2023 in Supriyo Chakrabarty v. Union of India, the Supreme Court denied marriage rights or civil union among the Homosexual partners but recognized the rights to have relationship of their own choice, which was previously decriminalize in the year 2018 in the case of Navtej Singh Johar v. union of India. This paper is a study on homosexual partners living together in an arrangement of Live-in relationship. The main objective of the study is to find out the issues relating to live-in relationship among the among homosexual partners after decriminalization of section 377 of IPC. The paper will discuss the detail study of homosexual partners’ issues in live-in relationship and the escape clause focusing on the laws and guidelines of different countries where homosexuality is recognized and legalized, relating to Live-in relationships among homosexual partners. The judiciary and the legislature need to play an important role in matter related to the homosexual partners domestic issues in live-in relationship. It should be highlighted that simply embracing homosexuality, recognising their relationship, and allowing them to live together does not solve the problem. There are also some key concerns to address.