Queering the Indian marriage law: le rivendicazioni della comunità LGBTQIA+ nella sentenza Supriyo @ Supriya Chakraborty & Anr. v Union of India della Corte suprema indiana

Abstract

Queering the Indian marriage law: the claims of the LGBTQIA+ community in the Supriyo @ Supriya Chakraborty & Anr. v Union of India judgment referred to the Indian Supreme Court - The landmark judgment Supriyo @ Supriya Chakraborty & Anr. v Union of India by the Supreme Court of India represents a pivotal moment in the legal recognition of LGBTQIA+ rights within the country. Although the Court ultimately declined to grant marriage equality, the decision provided an examination of constitutional rights, personal liberty, and societal norms. It affirmed the dignity of LGBTQIA+ individuals and underscored the need for legislative action to address their grievances and safeguard their rights. The judgment also laid out significant principles on the role of the judiciary in shaping social change. This article critically analyzes the decision, its implications for the LGBTQIA+ community, and the path forward for achieving substantive equality in India.

Keywords: India; LGBTQIA+; Comparative approach; Adoption; Marriage