Beyond Supriyo V. Union Of India: Charting The Legislative Pathway For Marriage Equality And Civil Unions

Full Text Link

Vishal Anand, Research Scholar, Department of Law, Patna University

ABSTRACT

This article critically examines the legal and social landscape for relationship recognition for LGBTQIA+ persons in India following the Supreme Court’s landmark judgment in Supriyo @ Supriya Chakraborty v. Union of India. The Court, while unanimously acknowledging the discrimination faced by queer couples and affirming their right to cohabit and form unions, stopped short of granting marriage equality, deferring the matter to the legislature. A 3:2 majority held that reading gender-neutral language into the Special Marriage Act, 1954, would be tantamount to judicial legislation, thereby placing the onus of reform squarely on Parliament. This article charts the legislative pathway forward, dissecting the two primary options available: the incremental approach of enacting a law for civil unions, and the comprehensive path of amending existing secular marriage law to achieve full marriage equality. It argues that while civil unions may appear politically expedient, they risk entrenching a “separate but equal” doctrine, creating a tier of second-class citizenship that is constitutionally suspect and socially inadequate. By analysing the doctrinal foundations laid in Navtej Singh Johar and Puttaswamy, the article contends that the constitutional principles of equality, dignity, and liberty mandate full and equal recognition. It provides a detailed legislative blueprint for amending the Special Marriage Act and other consequential statutes, addressing concerns about personal laws and ancillary rights like adoption and succession. Ultimately, the article concludes that only the enactment of marriage equality legislation, rather than a standalone civil union law, can truly fulfil India’s constitutional promise and secure substantive justice for its LGBTQIA+ citizens.

Keywords: Civil Unions, Legislative Reform, LGBTQIA+ Rights, Marriage Equality, Supriyo v. Union of India.

BEYOND SUPRIYO V. UNION OF INDIA- CHARTING THE LEGISLATIVE PATHWAY FOR MARRIAGE EQUALITY A

Download UNION OF INDIA- CHARTING THE LEGISLATIVE PATHWAY FOR MARRIAGE EQUALITY A • 287KB