Marital Status Discrimination in India: Prospects and Possibilities

Ghosh, Arijeet and Sanyal, Diksha (2024) Marital Status Discrimination in India: Prospects and Possibilities. In: Family Studies. Oxford University Press, pp. 159-186. ISBN 9780198930723

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Abstract

Marital status discrimination, like race and sex, is a ground for discrimination in many jurisdictions. In India however, such a ground has neither been constitutionally nor statutorily recognized. With recent attempts by civil society to advocate for an anti-discrimination law, such a ground could, however, become a part of the legal system. This chapter identifies laws and policies across the domains of family, health, labour, welfare, and citizenship that privilege heterosexual, monogamous, married couples in India directly or indirectly. Thereafter, we attempt to analyse whether recognizing marital discrimination statutorily or constitutionally could be a potential way to challenge the discrimination experienced by non-heterosexual, non-marital couples, and single individuals. By undertaking a textual analysis of these central laws and policies, we aim to describe how marriage is entrenched in Indian legal discourse and the extent to which recognizing marital status as a ground could correct this.

Item Type: Book Section
Keywords: marital status | discrimination | direct discrimination | indirect discrimination | marriage | family | anti-discrimination law
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 11 Nov 2024 10:10
Last Modified: 11 Nov 2024 10:10
Official URL: https://doi.org/10.1093/9780198930723.003.0008
URI: https://pure.jgu.edu.in/id/eprint/8785

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