Achieving Social and Legal Equality for LGBTQ+ Communities | Brief Case Study

The recent landmark ruling by the Constitution Bench of the Supreme Court led by Hon’ble Chief Justice, Dr. D. Y. Chandrachud, that there is no fundamental right for LGBTQ+ communities to marry under the Indian Constitution, delivered in the case of Supriya Chakraborty v. Union of India, marks a significant setback in the on-going quest for equality and social inclusiveness for the LGBTQ+ community in India. The Hon’ble Chief Justice specified that while intimate associations are protected under Article 19(1)(e) of the Indian Constitution, this does not necessitate granting marriage rights.

The omission of marriage as a fundamental right contrasts sharply with international human rights frameworks like Article 16(1) of UDHR and Article 23(2) of ICCPR, which recognize marriage as a right without discrimination. Hence the ruling deviates from international norms and contradicts the court’s history of using international standards to expand fundamental rights. For instance, in the early 1990s, the court used the UDHR and ICCPR to establish a fundamental right to health under Article 21 in CESC Ltd v. Subhash Chandra Bose. However, in the Supriya case, the court selectively applied international norms, prohibiting conversion therapies but not recognizing marriage rights, highlighting an inconsistency in the judiciary’s application of international human rights standards.

The discrepancy in recognizing international norms highlights the need for legal reforms in India to ensure LGBTQ+ inclusion and protection, upholding their dignity and rights. Inclusive societies that respect all individuals, regardless of sexual orientation or gender identity, are essential for sustainable development, fostering innovation, social stability, and harmony, which reduce social tensions and contribute to a more peaceful society. The Supreme Court's ruling in the Supriya Case reflects judicial restraint in redefining marriage laws; nonetheless, it underscores the importance of legislative action in this regard. The path forward requires a concerted effort to harmonize domestic laws with international human rights frameworks, ensuring equality and inclusiveness for all members of society regardless of their sexual orientation.

The journey of legal recognition in India has been long and it is fraught with challenges for LGBTQ+ communities. Several law firms and litigations raise a ray of hope; serving justice and equality to the communities.?

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