Deccan Herald | A case for marriage equality

On March 13, the Supreme Court of India referred a batch of petitions seeking legal recognition for same-sex marriages (or marriage equality) to a constitution bench. The Union government opposed these petitions, stating that it is not comparable to the Indian family unit, and that recognition of marriages is a legislative function, not a judicial one. Legal scholars have argued that not granting legal recognition to same-sex marriages violates fundamental rights guaranteed by the Indian Constitution, such as Articles 14, 15, 19, and 21. They cite the NALSA judgment (2014), the Puttaswamy judgment (2017), and the Navtej Singh Johar judgment (2018) as the most consequential in this regard. While marriage equality has a strong constitutional case, socio-cultural consensus is also important.

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