LGBT+ marriage: To secure equality in civil rights, family law must also be reformed

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09/30/2020

The recent comments of the Solicitor General about the unacceptability of marriage-equality in Indian culture in court proceedings challenging Hindu marriage law attracted great controversy. Unfortunately, the comments distract from the substance of the challenge and need to contextualise it in Indian family law. Since the decriminalisation of same-sex relationships in 2018, there has been much debate about the future of LGBT+ rights in India. This was natural since the Supreme Court while reading down Section 377 of the Indian Penal Code had held that LGBT+ Indians would be entitled to equal constitutional citizenship, thereby hinting at the future expansion of civil rights.

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