BEYOND DECRIMINALIZATION: BRIDGING THE GAPS IN LGBTQ+ FAMILY LAW IN INDIA

AUTHOR – HARSHAVARDHAN SAYAJI NANGRE, STUDENT AT MAHARASHTRA NATIONAL LAW, MUMBAI

BEST CITATION – HARSHAVARDHAN SAYAJI NANGRE, BEYOND DECRIMINALIZATION: BRIDGING THE GAPS IN LGBTQ+ FAMILY LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 129-133, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article critically examines the systemic inadequacies in Indian family law that continue to marginalize LGBTQ+ individuals despite significant progress in LGBTQ+ rights, notably the decriminalization of homosexuality in Navtej Singh Johar v. Union of India (2018). Although decriminalization was a milestone, the Indian family law system remains deeply heteronormative and fails to legally recognize and protect LGBTQ+ families in marriage, adoption, inheritance, and surrogacy.

The article identifies the constitutional contradictions arising from excluding LGBTQ+ persons from marriage equality, adoption rights, and inheritance laws through a comparative jurisprudence analysis and landmark Indian cases. It claims that the failure to enact reforms is perpetuating inequality, societal prejudice, and legal uncertainty. It discusses the possible role global precedents from decisions such as Obergefell v. Hodges (U.S.) and X and Others v. Austria of the European Court of Human Rights could play as guidelines for legislative evolution in India. Lastly, the article underlines the imperative need of overall legislative reforms in the form of gender-neutral amendments to the Special Marriage Act, religious marriage laws, explicit recognition of LGBTQ+ adoption rights, and inheritance provisions. For this, it also advocates domestic partnership laws and expansion of surrogacy and assisted reproductive technologies to LGBTQ+ individuals and couples.