The Legal Battle for LGBTQ+ Marriage Equality in India: Courts, Rights & Reform
Introduction
A complex interplay of statutory provisions, judicial interpretations, and societal norms has shaped the laws governing marriage in India. The Supriyo case, Shafin Jahan case, and other related legal battles over same-sex marriage highlight both the judiciary's approach to individual rights and the limits of its authority in redefining marriage. In this regard, the Supriyo case is of utmost importance, and several other notable cases are also discussed, along with their analysis.
- Supriyo @ Supriya Chakraborty vs. Union of India (2023)
- The Supriyo case marked a pivotal moment for same-sex marriage in India. In this landmark ruling, a five-judge Supreme Court bench unanimously declined to legalize same-sex marriage, asserting that marriage is not a fundamental right and that altering its legal definition is a legislative prerogative. The case arose from petitions, including those by Supriyo Chakraborty and Abhay Dang, challenging the Special Marriage Act, 1954 (SMA), which recognizes marriage only between a "male" and a "female." Petitioners argued that this exclusion violated their rights to equality (Article 14), liberty (Article 21), and freedom of expression (Article 19), citing precedents such as Shafin Jahan and Navtej Singh Johar (2018), which had decriminalized homosexuality.
- The court's majority opinion, penned by Justices S. Ravindra Bhat, Hima Kohli, and P.S. Narasimha, distinguished Shafin Jahan, noting that it addressed interference in an "otherwise valid" heterosexual marriage, rather than the recognition of a new category of unions. The bench held that while queer individuals have equal constitutional rights to dignity and privacy, the right to marry remains a statutory construct, not an inherent entitlement.
- Chief Justice D.Y. Chandrachud and Justice S.K. Kaul, in dissenting opinions, recognized the discriminatory impact of excluding same-sex couples but stopped short of mandating recognition, urging Parliament to act. The court directed the government to form a committee to explore administrative measures (e.g., joint bank accounts, medical decision-making) for queer couples, refrained from judicially expanding the SMA.
- Other Relevant Cases That Shaped India's Marriage Law Landscape: The marriage equality case in India is a long and complex one, with a history dating back to the early 2000s. However, in recent years, there has been significant progress on the issue, with the Supreme Court of India issuing several landmark rulings, which are discussed below-
- Navtej Singh Johar vs. Union of India (2018): This ruling struck down parts of section 377 of the Indian Penal Code, decriminalizing consensual same-sex relations. In 2018, the Supreme Court decriminalized homosexuality by striking down Section 377 of the Indian Penal Code, which criminalized consensual sexual activity between same-sex individuals. This was a significant victory for the LGBTQ+ community in India, paving the way for further progress on marriage equality in the country. In 2020, the Supreme Court issued a landmark ruling in the case of Navtej Singh Johar v. Union of India, recognizing the transgender community as a third gender and granting them several rights, including the right to self-identify and the right to update their gender marker on official documents. This ruling was also a significant victory for the LGBTQ+ community in India, signaling the Supreme Court's willingness to uphold the rights of LGBTQ+ individuals. It reinforced dignity and autonomy under Article 21, raising hopes for marriage equality, though the court avoided addressing marriage directly.
- Justice K.S. Puttaswamy (Retd.) vs. Union of India and others (2018): Establishing privacy as a fundamental right, although this case is not directly related to LGBTQ issues, its analysis supports personal decisions, such as marriage, in terms of dignity and autonomy. Later on, the same principle petitioners in Supriyo leaned on.
- National Legal Services Authority vs. Union of India (2014): The Supreme Court held that the state must recognize persons who fall outside the male-female binary as 'third gender persons' and that they are entitled to all constitutionally guaranteed rights. It also directed the Union and State Governments to grant legal recognition to the self-identified gender of transgender persons, including when they identify as male or female. The Court also recognized the state's duty to support the exercise of rights by the transgender community and issued several directions to uphold this duty.
Arguments in Favor of Same-Sex Marriage
- Fundamental Rights: All people have the right to marry the person they love. This is a fundamental human right that the Universal Declaration of Human Rights protects.
- Equality: Same-sex couples should have the same rights and benefits as heterosexual couples. This includes the right to marry, the right to adopt children, and the right to own property jointly.
- Non-discrimination: It is discriminatory to deny same-sex couples the right to marry. Discrimination based on sexual orientation is a violation of human rights.
- Social Benefits: Same-sex marriage has several social benefits. It helps to promote social cohesion and inclusion. It also helps to reduce stigma and discrimination against LGBTQ+ people.
Arguments Against Same-Sex Marriage
- Traditional Definition of Marriage: Marriage has been traditionally defined as a union between a man and a woman. Some people believe that this definition should not be changed.
- Religious Beliefs: Some religions do not allow same-sex marriage. Some people believe that the government should not sanction same-sex marriage because it would violate their religious beliefs.
- Impact on Children: Some people believe that same-sex marriage will hurt children. They argue that children raised by same-sex couples are more likely to experience social and emotional problems.
Additional Thoughts
- In addition to the legal aspects of the marriage equality case, it is also essential to consider the social and cultural implications. India is a diverse country with a rich cultural heritage. There are various views on marriage and relationships in India, and it is essential to respect these perspectives.
- It is also essential to recognize the challenges that LGBTQ+ people face in India. LGBTQ+ people are often ostracized and discriminated against by their families and communities. They may also face discrimination in employment, housing, and other areas of life.
- Despite these challenges, the LGBTQ+ community in India is resilient and determined to fight for its rights. The marriage equality case is a significant part of this fight, and it is a case that has the potential to change the lives of LGBTQ+ people in India for the better.
Conclusion
The Supreme Court of India's recent rulings on marriage equality are a positive sign for the LGBTQ+ community in India. The rulings show that the Court is willing to uphold the rights of LGBTQ+ people and recognize their relationships. However, it is essential to note that the Supreme Court has not yet ruled on the legality of same-sex marriage in India. The Court may wait for Parliament to pass a law on the matter. However, the Court's recent rulings suggest that the Court is now more willing to take a proactive role in protecting the rights of LGBTQ+ people. For legal assistance, contact us.
