EXPLORING JUDICIAL PERSPECTIVES ON LGBTQ+ RIGHTS, SAME-SEX MARRIAGE AND THEIR SOCIETAL IMPLICATIONS IN INDIA

Abstract

This article examines the evolving constitutional treatment of LGBTQ+ rights in India with particular reference to the Supreme Court's refusal to extend legal recognition to same-sex marriage and joint adoption by queer couples. Building on the landmark decisions in National Legal Services Authority v. Union of India and Navtej Singh Johar v. Union of India, the paper analyses the recent Constitution Bench judgment in Supriyo @ Supriya Chakraborty v. Union of India, focusing on how the Court balances the rights to equality, dignity, privacy and choice of partner against the legislature's primary role in defining the legal framework of marriage and adoption. The study critically engages with the child-welfare arguments raised by institutions such as the National Commission for Protection of Child Rights (NCPCR), and evaluates the extent to which social-science research on children raised by same-sex parents has influenced judicial reasoning. Methodologically, the article relies on doctrinal analysis of constitutional provisions, statutory schemes under the Juvenile Justice (Care and Protection of Children) Act and the Central Adoption Resource Authority (CARA) Regulations, as well as secondary literature and public opinion surveys. It argues that while the Court has robustly affirmed the fundamental rights of LGBTQ+ persons in the domains of decriminalisation, identity and privacy, its deference to the legislature on marriage and adoption leaves significant gaps in protection that must be addressed through carefully calibrated legislative and policy reform.