The Constitutional Promise Of Equality And The Judicial Refusal To Recognize Same-Sex Marriage
- IJLLR Journal
- Jun 8
- 1 min read
Shrishti Jagnik, B.A.LLB. (Hons.), School of Law, DAVV Indore (M.P.)
ABSTRACT
This case critically examines the Supreme Court’s decision which denied legal recognition to same-sex marriage in India. It analyzes the facts, issues, arguments and judicial reasoning of the case while evaluating its impact on LGBTQIA+ rights. The case highlights key concerns arising from the judgment, including the denial of marriage equality, discriminatory adoption regulations under CARA, exclusion from financial and succession benefits, and the continued marginalization of queer families. While the Court reaffirmed the dignity, autonomy and constitutional protection of LGBTQIA+ persons, its refusal to grant substantive legal rights has been widely criticized as a missed opportunity to advance equality and constitutional morality. The case emphasizes the need for legislative and judicial reforms to ensure full legal recognition and equal rights for queer individuals and couples in India.
