Beyond Matrimony? Charting A New Course For LGBTQ+ Unions in India

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11/16/2023

NEW DELHI — The recent judgment of the Indian Supreme Court on marriage equality was, without a doubt, a disappointment for India’s queer community. With a 3:2 majority, the Supreme Court held that queer couples in non-heterosexual relationships do not have a fundamental right to marry and denied legal recognition to their relationships. The court’s judgment placed heterosexuality at the centre of marital relationships by holding that marriage between persons of opposite gender is the only valid form of marriage under Indian law. Thus, while transgender persons identifying within the gender binary who are in heterosexual relationships are entitled to marry, queer couples who do not find themselves in what can be classified as heterosexual relationships are left without any legal remedy.

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