Anachronism Of Sodomy

Abstract

The landmark Navtej Singh Johar v. Union of India (2018)[1] Judgement had decriminalized consensual same-sex relationships in India, fundamentally altering an entire ambit of legal sexual orientations and intimacy. However, this jurisprudence gave rise to contradictory juxtaposition prevailing in Hindu marriage law, particularly Section 13(2) (ii) of the Hindu Marriage Act, 1955, which retains sodomy as a ground for divorce. This article examines the surge of legal incongruity resulting from this progression. The following paper will focus on three foci: the thriving existence of sodomy as a matrimonial offense despite its decriminalization; the gendered construction of adultery; and impossibility of bigamy in same-sex relationships due to the absence of marriage equality thereby creating a void for spousal infidelity involving same- sex partners.