LGBTQ+ Rights And Same-Sex Marriage In India
- IJLLR Journal
- Dec 6, 2025
- 1 min read
Ankita Dash, Birla Global University, Bhubaneswar, Odisha.
ABSTRACT
This paper examines the evolution of the rights of the LGBTQ+ community in India through a doctrinal study of constitutional law, significant legislation, and key decisions made by the Courts. The work begins by considering the decision reached by the High Court of Delhi in the case of Naz Foundation (2009) that was based on the doctrine of equality. Following that, it discusses the reversal of that opinion in Koushal (2013). NALSA (2014) then outlines a significant shift regarding the recognition of transgendered identities. Subsequently, it provides an indication of how this was recognised by the Supreme Court in Puttaswamy (2017) and the decriminalisation of consensual same-sex relationships in Navtej Singh Johar (2018). The authors critically evaluate the ruling of the Supreme Court of India on 17 October 2023 in Supriyo. Although the ruling did not give judicial recognition for same-sex marriage, it did ask for reforming the legislature. The first part evaluates how the Court has shifted its legal doctrine to favour marriage equality; in addition, it evaluates counter- arguments to this shift concerning the separation of powers as well as the rights that would be impacted by non-recognition (e.g., adoption rights, inheritance rights, spousal benefit rights, etc.). The paper concludes by presenting the authors' perspectives on the experience of other jurisdictions and recommendations for policies to establish legislative and administrative pathways toward achieving the full protection of rights for LGBTQ+ individuals in India.
