India High Court Affirms LGBTQ+ Rights By Recognizing Chosen Families
The India court made it clear: family isn’t just defined by marriage or blood, but can also be determined by choice.
The Madras High Court has ruled that same-sex couples can be recognized as families, even though same-sex marriage is not yet legal in India. The ruling came after a 25-year-old woman was locked up by her own family because she was in a relationship with another woman. Her partner filed a habeas corpus petition, asking the court to step in. The woman later told the court that her family had tortured her and forced her to undergo rituals meant to “cure” her of her sexual orientation. The judges ordered her release and upheld her right to live with the partner she chose.
The court made it clear: family isn’t just defined by marriage or blood but can also be determined by choice.
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The bench, comprising Justices GR Swaminathan and V Lakshminarayanan, emphasized that while the Supreme Court has not legalized same-sex marriage, individuals have the right to form families through other means. The court’s ruling says that marriage is not the only way to find or make a family, as “chosen families” within the LGBTQ+ community qualify as that also.
This ruling challenges traditional notions of family and highlights the importance of recognizing diverse relationships. By recognizing that same-sex couples can form families, the court has challenged the country’s history of narrow ideas about what a family should look like.
The Madras High Court’s decision doesn’t change the law on marriage, but it does make space for queer relationships to be seen and respected. It sends a clear message: people have the right to choose with whom they build their lives. And that choice deserves legal protection, no matter their gender or sexual orientation.
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