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“A petition titled Abhijit Iyer Mitra & others v. Union of India, W.P. (C) 6371/2020 is pending before the Delhi High Court to recognize the ‘same sex marriage’. The petition was rebutted by the central government on the ground that the same sex marriage cannot be allowed in India as it is against the traditional norms of the Indian culture. However, this rebuttal goes against the very root of Navetj Singh Johar judgment in which the court clearly said that a human has an intrinsic right to choose a partner of his choice. However, the focus of my paper is not on the validity of the same sex marriage but beyond that i.e., whether the same-sex couples can be called a ‘family’ as against the definition of govt. which said that only heterosexual’s partner with a child can be called a family and also as to whether the same sex couples can adopt a child in India.”
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