11 January 2024

Unveiling Equality: The Transformative Role of the Parliament in Recognising Same-Sex Marriages in India

 

Svrivastava, H., Chaturvedi, S.

Marriage as a social institution is significant in recognising the rights of the people who enter into a lawful civil union. The institution must adapt itself to changing times to ensure the growth of society is not stagnant due to age-old constructs. 

The Supreme Court by a majority verdict in Supriyo v. Union of India ruled against the constitutional validity of same-sex marriages. The judgement comes as a major blow to the expectations of the queer community, from one of the most anticipated judgements of the year. They will now have to wait for the Parliament to decide on the conferment of marital rights to the queer community. 

In this piece, the authors emphasise the transformative role of the Parliament and argue that the Government of India has a constitutional obligation to grant legal status to same-sex marriages with significant changes in the socio-legal fabric of the nation.  

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