A Practical Analysis Of LGBTQIA+ Rights In India
- IJLLR Journal
- Jul 24
- 1 min read
Sudipa Bhattacharjee, B.A. LL.B. (Hons.), Assam University, Silchar
ABSTRACT
The question of legalising same-sex marriage in India presents both a constitutional dilemma and a societal test. After the Supreme Court’s landmark judgment in Navtej Singh Johar v. Union of India (2018), which decriminalised homosexuality by reading down Section 377 of the IPC, public anticipation grew around legal recognition of same-sex unions. However, the 2023 decision in Supriyo v. Union of India2 denied such recognition, holding that it lies within the legislative domain.
This paper examines the paradox between judicial progressivism and legislative inaction, questioning whether the Court was right in deferring the issue to Parliament despite rising public expectations. It critically assesses the principles of institutional restraint, social readiness, and cultural resistance, arguing that while courts can uphold rights, social reform often demands broader democratic consensus.
Further, it analyses whether Parliament’s silence stems from political conservatism, structural complexity, or a cautious approach to systemic legal reform involving adoption, inheritance, and family law. Through doctrinal research, case law, and comparative analysis, this paper presents a grounded, realistic assessment of the legal, institutional, and societal pathways to marriage equality in India.
Keywords: Same-Sex Marriage, Judiciary, Parliament, LGBTQIA+ Rights, Legal Reforms, Conservatism.
