Breaking Barriers: The Fight for LGBTQA+ Rights in India

The recognition of same-sex marriages continues to be a pivotal matter in India’s legal and social framework, notwithstanding considerable progress in LGBTQ+ rights. The Navtej Singh Johar v. Union of India (2018) judgment represented a significant advancement in the legal landscape by decriminalizing consensual same-sex relationships and effectively reading down Section 377 of the Indian Penal Code. Nonetheless, the lack of statutory recognition for same-sex marriages results in these unions lacking legal protection under marriage laws, adoption laws, and maintenance laws, among others. The 2023 constitution bench judgment in Supriyo @ Suoriya Chakraborty v. Union of India highlighted the obligation of the legislature to rectify this gap by enacting laws to legalize same-sex marriages, reinforcing the principles of equality, dignity, and non-discrimination as outlined in the Constitution. This article examines the necessity for statutory recognition of same-sex marriages in India, focusing on its relationship with current legal frameworks and human rights jurisprudence. The assertion is that providing equal marital rights would not only reinforce constitutional principles but also promote social justice and inclusivity for the LGBTQ+ community. The article concludes by emphasizing the necessity for legislative reform to address the disparity between progressive judicial pronouncements and the actual experiences of same-sex couples in India.