QUEERING THE CONSTITUTION: REDEFINING FAMILY AND CIVIL UNION IN M.A. V. STATE OF SUPERINTENDENT OF POLICE

AUTHOR – JEYAMURUGAN S & NANDHINI PRIYA S P

ASSISTANT PROFESSORS FROM BHARATH INSTITUTE OF LAW

BEST CITATION – JEYAMURUGAN S & NANDHINI PRIYA S P, QUEERING THE CONSTITUTION: REDEFINING FAMILY AND CIVIL UNION IN M.A. V. STATE OF SUPERINTENDENT OF POLICE, LIBERTY, AND EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 208-212, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

A recent Madras High Court judgment marks a pivotal shift in Indian constitutional jurisprudence by affirming that same-sex relationships are valid, constitutionally protected choices. Rejecting familial coercion and reiterating the importance of liberty, dignity, and self-determination under Article 21, the Court’s decision in a habeas corpus case supported an adult woman’s right to choose her spouse. The Court made a significant shift from conventional, heteronormative notions of family. It acknowledged homosexual unions and other consensual, non-marital partnerships as equally worthy of constitutional protection. It did this by making the law more relatable and by actively addressing issues of language, identity, and lived reality.
By extending the definition of family beyond biological and marital relationships, the ruling questions established legal frameworks and requires that state institutions especially the police support individual autonomy rather than stifle it. This case demonstrates a transformational constitutional approach, reaffirming the need to protect and uphold individual liberty and choice partnerships in a pluralistic democracy. It forces us to reevaluate how the law views partnerships, families, and the responsibility of the state in defending individual liberties.

Keywords: LGBTQIA+ Rights, Habeas Corpus, Chosen Family, Constitutional Morality, Same-Sex Relationship, Right to Personal Liberty.