Business Standard

Equality in love and inheritance

Same-sex marriages would entail a review of gender-asymmetric anomalies in Indian law, and eventually pave the way for a more equitable social environment


Devangshu Datta

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Under Indian law, a convicted murderer serving out a jail sentence, or awaiting execution, has the right to marry somebody, provided the “somebody” is not of the same sex. This provision has little to do with the hypothetical murderer meeting their sexual needs.

It affects the disposal of the murderer’s estate. By default, the spouse inherits. If our hypothetical murderer has minor children, the spouse is also their parent and guardian, by default. Thus, the law offers even criminals the agency to decide who may inherit whatever legitimate assets they possess. 

Stretching this thought experiment a little further, if a murderer gets
Disclaimer: These are personal views of the writer. They do not necessarily reflect the opinion of or the Business Standard newspaper

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First Published: Apr 21 2023 | 10:20 PM IST

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