UPHOLDING DIGNITY: A CASE FOR THE RIGHT OF CIVIL UNION IN INDIA

Abstract

This article endeavours to analyse the Supreme Court of India’s verdict on same-sex marriage, specifically scrutinising the parameters of the right to a civil union for non heterosexual couples. The initial segment dissects the Court’s decision, which expressly negated both the entitlements to marry and engage in civil unions for same-sex couples. Subsequently, the analysis extends to the jurisprudence of dignity as derived from Article 21 of the Indian Constitution, positing that the right to civil union is a logical extension of this constitutional foundation. The subsequent section delves into the transformative ethos of the Indian Constitution, asserting the entitlement of non-heterosexual couples to civil rights. Following this, the fourth part counters the majority’s argument pertaining to the separation of powers. The article meticulously scrutinises transnational jurisprudence on civil union rights and elucidates its pertinence. Furthermore, the article delves into the prospect of establishing a parallel legal framework to accommodate the LGBTQIA+ community. In conclusion, the author contends that the right to civil union is inherent, emanating from the constitutional tenets enshrined under Article 21 of the Indian Constitution. The Supreme Court is fervently urged to adjudicate on this matter through a review petition, leveraging transformative and transnational legal principles.