From Decriminalization to Dignity: Constitutional Morality as a Framework for LGBTQ+ Family Rights in India

From being criminalised under colonial law to being affirmed of equality and dignity through progressive judicial interpretation, LGBTQ+ rights in India have experienced a significant constitutional transformation. This article titled "From Decriminalisation to Dignity: Constitutional Morality as a Framework for LGBTQ+ Family Rights in India" is a lineup of arguments that thoroughly understands the idea of constitutional morality as the most suitable and normative ground for queer people to be granted full citizenship. The gist of it is to show how the landmark cases like “NALSA v. Union of India (2014)”, “K.S. Puttaswamy v. Union of India (2017)”, and “Navtej Singh Johar v. Union of India (2018)” have been instrumental in the redefinition of the concepts of equality, individual autonomy, and state morality. Beyond decriminalisation, the study examines family rights, highlighting the necessity of gender-neutral changes to laws pertaining to marriage, adoption, and inheritance. It contends that even in the face of dominant social morality, individual dignity must be protected in accordance with “constitutional morality”, as envisioned by “Dr. B.R. Ambedkar” and upheld by the Supreme Court. The study offers legislative and policy recommendations to operationalise these constitutional values in practice using a doctrinal and analytical approach. Ultimately, based on the transformative vision of constitutional morality, the paper argues that the path to equality for India's LGBTQ+ community must move from judicial recognition to institutional realisation — from tolerance to inclusion.