Marriage equality: Setbacks, silver linings

October 22, 2023 | Jayna Kothari

Jayna Kothari, CLPR Executive Director gives an insight on the recent landmark judgement where the Supreme Court of India ruled that there cannot be legal recognition for same-sex marriages in India and what the judgement entails for the community and Indians as a whole.


Excerpt from the Article:


The rejection of the right to marry as a fundamental right is certainly a setback, not just to the queer community, but for everyone. For example, what would this judgement mean for a woman who wants to marry a person of a different faith, and is unable to do so due to opposition from her family? What would the impact of this judgement be on the pending challenges to the state laws prohibiting marriages based on religious conversions? All of this remains to be seen.


Despite this setback, the judgement does have several silver linings. First, the judgement holds that transgender and intersex persons who identify as male or female, have the right to marry members of the opposite sex under the Special Marriage Act and all other laws. This is a significant development, which will enable members of the trans community who are in heterosexual relationships to get married.


Jayna Kothari, 'Marriage equality: Setbacks, silver linings' (22 Oct 2023) <> accessed on 25 Jul 2024