Challenging The Shackles Of Inequality Vis-À- Vis Same-Sex Marriage

Mr. H Krishna Chandra Dora & Miss Pratikshya Priyadarshini Beura, BA LLB (H), University Law College, Utkal University, Bhubaneswar, Odisha, India.

ABSTRACT:

The Hon’ble Supreme Court of India recently in the case of Supriyo v. Union of India1 gave a 3:2 split judgement where the major takeaways are that there is no fundamental right to marry but there exists the right to choose their partner; there is a right to co-habit but no formal recognition of anything under the umbrella of marriage for the queer people. Such restricted acknowledgement of the issues relating to same-sex marriage tantamount to no acknowledgement at all.

The principal query that needs to be addressed now is: What good is cohabitation if it prevents a couple from exercising their rights as a married pair? If there is no validation of the cohabitation or designation/nomenclature of marriage, the vast advantages that come with marriage, including societal validation and legal validation of the union, would be denied. Ultimately, the LGBTQ+ community will lose access to banking services, adoption rights, and recognition, among other things. This paper will delve into a critical analysis of the subsequent rights being violated due to the aforementioned judicial decision.

Keywords: Right to marry, gender inequality, same-sex marriage, marriage benefits, queer union.