Challenging Heteronormativity: A Comparative Constitutional Analysis Of LGBTQ+ Marriage Equality And Family Law Reform In India
- IJLLR Journal
- Aug 17
- 1 min read
Shivam Shukla, LLM (WBNUJS), UGC-NET-JRF
Adrija Majumdar, LLM (WBNUJS), SLS-Pune (B.A.LLB)
ABSTRACT
The paper will look at the changing legal status of LGBTQ + persons in India with reference to marriage equality and its implications on Indian family law. It is based on recent jurisprudence (especially Navtej Singh Johar and NALSA) and examines the Supreme Court decision of October 2023 (Supriyo v. The review petitions that are still pending and the Union of India). The paper contextualizes these developments in the Indian constitutional setup (Articles 14, 15, 21, etc.) and secular family laws (e.g. the Special Marriage Act). A comparative analysis of jurisdictions such as the United States shows how judicial and legislative treatment of same-sex marriage has transformed family law and parentage rights in other jurisdictions. This doctrinal study, based on case law and the literature, takes into account the international human rights standards (e.g. ICCPR, UDHR) and socio-legal research on the concept of relational equality. The paper cites enforcement challenges which include discriminative personal laws, prohibitive adoption/surrogacy policies, and stigma. It claims that the legalization of same-sex unions (marriage or civil equivalent) may trigger changes in adoption, assisted reproduction, and guardianship, and thus, “transform” Indian family law to be more inclusive. The conclusion provides policy suggestions to amend Indian law and reform legislation and institutions to ensure consistency with constitutional equality guarantees and human rights principles.
Keywords: LGBTQ+, same-sex marriage, family law, India, constitutional law, adoption, surrogacy, comparative law, human rights.
