LGBTQ and Their Right to Companionship, Relationship, and Marriage with its Effect on Their Mental Health.

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Samiksha Pokhriyal, Dr. Rajesh Bahuguna

Abstract

Human beings are the creation of the almighty, and we do not choose the clan, cast, or circumstances we are born in. Still,we all are well aware and, to an extent, agree with the above fact, in the same manner, no human being can choose to be heterosexual or homosexual. One's sexual orientation is not one's conscious choice and therefore the way we respect the union of heterosexuals one must also respect the union of homosexuals too, There are adverse effect of the non acceptance of the LGBTQ community’s conjugal on their mental health and the atrocities done on them in prison when they are convicted for the demands of these rights is yet another point of discussion.Throught this article the branch of marriage is meeting with the branch of law and therefore it is a socio-legal study This article is an attempt to justify why it is high time to accept LGBTQ companionship, relationship and marriage as normal and the role of Honorable Supreme Court of India in the development of LGBTQ rights. Our heterosexual Indian society is not in favor ofhomosexual marriages this is what we call as social morality because here the opinion of the larger section of the society is involved however the judiciary has to deter from the regressive approach of the society and has to take into consideration the minuscule section of the society and therefore has to focus upon the constitutional morality, our society cannot use the veil of social morality to abridge the fundamental rights  of even a single individual because constitutional morality rest up on the acknowledgement of organization of multi facriousness that prevails in the society.

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