In Navtej Singh Johar v. Union of India (2018), homosexuality was decriminalised, marking a turning point for LGBTQ+ rights in India. The Supreme Court recognised the fundamental rights of LGBTQ+ people to live with equality and dignity by overturning Section 377 of the Indian Penal Code.
Even though this ruling was a big step in the right direction, same-sex couples were not immediately recognised by the law or given protection from discrimination. Legal certainty is still lacking in many important areas, including marriage equality, adoption rights, and workplace safeguards, making LGBTQ+ people susceptible to institutional and societal discrimination.
Activism and court cases for equal rights have accelerated in the years after the ruling. However, political hesitancy and societal conservatism are major reasons why development is still slow. Legal changes must go beyond decriminalization and guarantee complete acceptance and protection of LGBTQ+ rights if India is to genuinely embrace equality.
The Impact of Decriminalisation
For decades, Section 377 criminalised consensual same-sex relations, equating them with unnatural offences. This colonial-era law not only subjected LGBTQ+ individuals to police harassment and social ostracisation but also reinforced the stigma that being queer was immoral or illegal.
The Supreme Court’s decision to strike down this law was based on the principles of equality, dignity, and privacy, affirming that sexual orientation is an innate and immutable characteristic that cannot be criminalised.
However, while decriminalisation removed the fear of legal persecution, it did not grant LGBTQ+ individuals equal civil rights. For instance, same-sex couples still lack the legal recognition and protections that heterosexual couples enjoy in marriage, inheritance, and parenthood.
Marriage Equality: A Long Battle Ahead
One of the most debated issues in LGBTQ+ rights today is marriage equality. Despite petitions seeking legal recognition of same-sex marriages, the Supreme Court in Supriyo Chakraborty v. Union of India (2023) declined to legalise same-sex marriage, instead urging Parliament to address the issue through legislation.
The court recognised the need to protect LGBTQ+ relationships but stopped short of granting marriage rights, arguing that such decisions should be made by elected representatives.
Without legal marriage, same-sex couples in India face significant hurdles. They are denied spousal rights such as inheritance, medical decision-making authority, joint property ownership, and access to financial benefits like insurance and pensions. The absence of legal recognition makes it difficult for LGBTQ+ couples to build secure and stable lives together.
Adoption and Parental Rights: A Missing Legal Framework
Adoption laws in India currently do not allow same-sex couples to adopt children. The Central Adoption Resource Authority (CARA) permits only single LGBTQ+ individuals to adopt, effectively barring same-sex partners from raising a child together.
This exclusion violates their right to family life and deprives many children of the opportunity to be raised in loving homes.
Countries around the world have recognised the importance of granting adoption rights to LGBTQ+ couples. Legalising same-sex adoption in India would be a significant step toward equality, ensuring that LGBTQ+ families have the same legal protections and responsibilities as heterosexual families.
The Need for Comprehensive Anti-Discrimination Laws
LGBTQ+ people in India continue to experience discrimination in the workplace, schools, healthcare, and housing, even after decriminalisation. A comprehensive anti-discrimination statute that specifically forbids discrimination on the basis of gender identity and sexual orientation does not exist.
Because of this, LGBTQ+ people frequently endure harassment and service denials without legal recourse. While some progressive corporate practices promote diversity, nationwide protection is lacking.
Countries such as the US and UK have passed anti-discrimination laws protecting LGBTQ+ people in work, healthcare, and housing. India needs to adopt a strong legal system that ensures equal rights and opportunities.
The Role of Society and Government
Social acceptability is just as important as legal measures in achieving full equality. LGBTQ+ inclusion must be actively pursued by the Indian government and civil society through media and political representation, educational reforms, and awareness initiatives.
Sensitisation efforts, especially in businesses and educational institutions, can help eliminate stigma. Political leaders must introduce progressive legislation to support LGBTQ+ rights.
Even if the Supreme Court has been a steadfast defender of constitutional morality, legislation is still required to guarantee LGBTQ+ people the same rights and protections as other citizens.
Conclusion
Despite being a landmark decision in support of LGBTQ+ rights, the Navtej Singh Johar ruling was only the start of a longer fight for equality. Goals like anti-discrimination laws, adoption rights, and marriage equality have not yet been achieved.
For LGBTQ+ people to be considered equal citizens under the law, the government must act proactively to close these legal inequalities. Although there is a long road ahead, progress can be made with persistent legal initiatives, societal reform, and political commitment.
Ensuring LGBTQ+ people have full rights is not only required by law, but also by morality and the constitution. In order for India to fully represent its democratic and inclusive ideals, LGBTQ+ people must be granted full legal recognition and protection.
Written by: Rahul, 4th Year Law Student at Geeta Institute of Law
