Same-Sex Marriage in India: Constitutional Morality Judicial Limits and the Way Ahead

Authored By: Nandhitha V N

Jeppiaar University

Abstract

The conversation surrounding the legal acknowledgment of same-sex marriage in India has initiated a significant constitutional and social dialogue.While consensual same-sex relationships were decriminalized in the Navtej Singh Johar v. Union of India case in 2018, the issue of marriage equality is still unresolved.In the case of Supriyo @ Supriya Chakraborty v. Union of India (2023), the Supreme Court decided against legalizing same-sex marriage, emphasizing the importance of legislative authority while affirming the dignity and rights of LGBTQIA+ individuals. This article explores the constitutional framework, judicial reasoning, and issues surrounding same-sex marriage in India. It provides a critical analysis of the limitations of judicial intervention and discusses essential measures needed to attain equality through legislative and social reforms.

Introduction

In India, marriage has historically been regarded as a heterosexual institution, shaped by personal laws, customs, and regulations like the Hindu Marriage Act of 1955 and the Special Marriage Act of 1954.Nevertheless, shifting societal values and evolving constitutional interpretations are starting to question this conventional perspective.The LGBTQIA+ community has long advocated for equal recognition of their relationships, contending that the denial of marriage rights infringes upon fundamental rights guaranteed by the Constitution.

The discussion gained national attention when several petitions were presented to the Supreme Court requesting acknowledgment of same-sex marriage under current laws. Although the Court recognized the validity of same-sex relationships, it refrained from granting them marital status. This article explores the legal and constitutional aspects of this matter and assesses whether India is prepared for marriage equality.

2.Research Methodology

This article utilizes a doctrinal and analytical research approach. The primary sources include constitutional provisions, statutory laws, and rulings from the Supreme Court. Secondary sources include scholarly articles, committee reports, and legal analyses related to LGBTQIA+ rights and family law.

Legal Framework Governing Marriage and Equality

Constitutional Provisions

The Constitution of India specifies:

Article 14 – Equality before the law

Article 15 – Prohibition of discrimination

Article 19 – Freedom of expression

Article 21 – Right to life and personal liberty

Judicial interpretations have expanded the scope of Article 21 to include dignity, autonomy, and the right to choose one’s partner. Sexual orientation is recognized as a vital aspect of identity, protected by constitutional principles.

Statutory Framework

Marriage laws in India are mainly gender-specific:

– Hindu Marriage Act, 1955

– Muslim Personal Law

– Christian Marriage Act, 1872

– Special Marriage Act, 1954

Although the Special Marriage Act is secular, it still employs gendered terms like “husband” and “wife,” which have become central in petitions for same-sex marriage.

4.Judicial Interpretation

Landmark Judgments

Navtej Singh Johar v. Union of India (2018)

In this case, the Supreme Court decriminalized consensual same-sex relationships by partially invalidating Section 377 of the IPC. In the case of Shafin Jahan v. Asokan (2018), the court held that the decision to choose a life partner is a fundamental right safeguarded by Article 21. However, in Supriyo @ Supriya Chakraborty v. Union of India (2023), the Constitution Bench concluded that there is no fundamental right to marry and opted not to legalize same-sex marriage.Nonetheless, it unanimously acknowledged the rights of queer individuals to live together and build relationships free from discrimination.

Judicial Reasoning

The Court clearly differentiated between acknowledging relationships and the legal status of marriage, stating that any modifications to marriage laws fall under the legislative authority. The judgment demonstrated judicial restraint while emphasizing the necessity to safeguard queer individuals from discrimination.

Critical Analysis

The Supreme Court’s ruling has garnered both praise and criticism:

Positive Aspects

It preserves the dignity and equality of LGBTQIA+ individuals.
It acknowledges queer relationships and families.
It instructs the State to take measures against discrimination.

Limitations

It denies certain marital rights such as inheritance, adoption, and succession.
There remains exclusion from social security benefits.

There is an over-reliance on legislative measures despite constitutional violations. In contrast, countries like the United States, Canada, and several European nations have recognized same-sex marriage through judicial interpretation or legislative changes based on the principles of equality.

6.Recent Developments

After the 2023 ruling, the Central Government established a committee to assess the rights and entitlements of queer couples, concentrating on matters such as joint bank accounts, medical consent, and inheritance.”Although this marks a positive advancement, the lack of recognition for marriage continues to obstruct full legal equality. The public conversation surrounding LGBTQIA+ rights has grown more vigorous, garnering increased support from civil society, academia, and younger generations.

Suggestions / Way Forward

To attain substantive equality, Parliament should consider amending the Special Marriage Act to include gender-neutral language.
The legal recognition of civil unions or domestic partnerships could serve as a temporary solution.
Anti-discrimination laws need to be strengthened.
It is essential to have awareness programs for officials, the judiciary, and society as a whole.
Queer couples should have their rights recognized regarding adoption, inheritance, and medical decision-making.
Legislative measures based on constitutional morality are crucial for lasting reform.

Conclusion

The conversation about same-sex marriage in India serves as a crucial evaluation of constitutional values within a diverse society. While the judiciary has made significant progress in recognizing LGBTQIA+ rights, the absence of marriage equality reveals the limitations of these advancements. Achieving genuine equality demands clear legislative action and societal acceptance. Acknowledging same-sex marriage would not undermine the institution of marriage; rather, it would reinforce the Constitution’s commitment to dignity, liberty, and equality for everyone.