India's LGBTQ+ movement and the fundamental right to marriage

Abstract

The right to life and personal liberty enshrined in the Indian Constitution under Article 21 envisages a plethora of rights that go on to make the right to life and personal liberty meaningful, significant and paramount. The Supreme Court of India in Navtej Singh Johar's case has, albeit indirectly, recognized and acknowledged the existence, identity and rights of LGBTQ+ community. The apex court has recognized the existence of third gender(apart from male and female) and therefore leading us to construe that depriving them (LGBTQ+ community) of their fundamental rights to marriage will not be in consonance with the mandate of the Indian Constitution. The research paper attempts to throw light on the fact that depriving the LGBTQ+ community of their fundamental right to marriage tantamounts to infringement of not only their personal liberty but also their fundamental right to equality and right to speech and expression. It definitely, will unleash, opportunities and avenues to address the deep rooted structural barriers against them. Right to lead a dignified life should, obviously, be available to all and sundry.