Academic Discourse

Same Sex Marriage validity recently denied by hon’ble Supreme Court. Same Sex marriageopens a new way of living for those couples who are falling under Queer Community. The rightto sex is recognized by Hon’ble Supreme Court and decriminalized by the section 377 forconsensual sex. There is a behaviorpattern of society as well as laws are framed in such a waythat instances like domestic violence, maintenance to wife, cruelty by husband or relatives etc.exist in hetro-sexual couples. The framework of laws is such as either a male or a female canfit. We live in a society where personal laws are governed by religion and there is a gender gapin property laws. Coparcenary survives with male members while females cannot be source ofcoparcenary. Among Muslims, husband cannot claim maintenance from wife even wife cannotafter divorce. Domestic violence protection is available only to females, if there is only malecouple then it is difficult to apply cruelty provisions or domestic protection. The question ariseswhether lack of laws is hinderance in enforcement of rights or our society is not ready for suchchanges.