Indian Constitution And Lgbtq+ Rights: A Light On The Idea Of Same-Sex Marriages

Gayathri G Nair, Alliance University

ABSTRACT

A person’s sex is what he is born with, and their sexuality is what they identify themselves with. The abstract to the following research article throws a light on the relation between Indian constitution and the rights of LGBTQ+ community and provides a special preference towards the evolving idea of same-sex marriages. The constitution of India, while recognizing the principles of equity, justice and freedom of individuals existing in the nation, provides a special preference towards protecting the civil liberties enjoyed by various individuals, without providing any special regard towards their gender orientation. This article provides a special focus on the notable judgments made by the apex court and high courts of states, that are found to be in favor of the people from the gender minorities, one among the renown judgments being the decriminalization of homosexuality in the year 2018 via the case of Navtej Singh Johar, which thus, performed a remarkable role in dismantling the obsolete section 377 of Indian Penal Code. Even though the landmark judgment of the apex court had introduced an inclusivity of LGBTQ+ people into the mainstream society, the recent judgment ruled out by the court regarding the same-sex marriages, which placed the discretion regarding the passing of laws on the parliament had posed a doubt regarding the right to perform same-sex marriages in India and the rights available to them as a legally married couple. This article focuses on the civil liberty of same-sex couples to legalize their relationship through marriage in the context of Right to Equality and Right to Privacy under Right to Life and Personal Liberty. The following abstract also tends to focus on the need of the hour to extend the institution of marriages in India to every human being, regardless of their sexual orientation. This work also addresses the research gap on how significant it is to provide the gender minorities with the right to marry as they could avail the facilities available only to legally married and registered couple.

Keywords: Homosexuality, LGBTQ+ people, Same-sex marriages, Indian constitution, Right to Privacy, Right to equality