Triveni Hazra, Maharashtra National Law University, Aurangabad
ABSTRACT
The LGBTQ+ community is characterized by its rich diversity and the ongoing struggle for equal rights and recognition. The movement for LGBTQ+ rights advocates for acceptance, legal protections, and social equality, challenging discrimination and striving to create a more inclusive society. Historically, Indian law was hostile to LGBTQ+ rights, with Section 377 of the Indian Penal Code1 criminalizing consensual same-sex relations until its partial decriminalization in 2018 in Navtej Singh Johar v. Union of India,2 which decriminalized same-sex relations, recognizing the fundamental rights of privacy, dignity, and equality. Despite this victory, the court has since stopped short of granting same-sex couples the right to marry. Recent rulings have maintained that while individual rights have expanded, the recognition of same-sex marriage requires legislative action. The Supreme Court's recent stance, reflected in its decision not to accord legal recognition to same-sex marriages, underscores a reluctance to extend marriage rights to same-sex couples. The court has directed that such matters be addressed by Parliament and state legislatures, leaving the legal landscape fragmented. The court’s observations suggest that legislative bodies may enact gender-neutral marriage laws or other forms of legal recognition, such as civil unions or domestic partnerships. The struggle for full equality continues as advocates push for legislative reforms and broader societal acceptance to ensure comprehensive legal recognition and protection for LGBTQ+ individuals in India. This essay examines the evolving landscape of LGBTQ+ rights in India, with a specific focus on the denial of the right to marriage for same-sex couples.
Keywords: LGBTQ+, Section 377, Indian Penal Code, same-sex marriages, Supreme Court.
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