Reevaluating LGBT Rights Recognition in India: Social Resistance and Perceived Impacts of Marriage Equality in Contemporary Society

Abstract

In my view, the journey of LGBT rights in India reflects a delicate balancing act between progressive legal strides and deeply entrenched societal norms. This article delves into the transformative decriminalization of homosexuality through the Navtej Singh Johar verdict, which marked a turning point by affirming dignity and autonomy, yet stopped short of endorsing same-sex marriage. It critically explores the implications of extending marriage equality, arguing that while such a move signals inclusivity, it risks unsettling India’s traditional family structures, religious ethos, and legal frameworks. The piece examines how same-sex unions challenge inheritance laws, adoption policies, and reproductive rights, particularly given the heteronormative underpinnings of statutes like the Hindu Marriage Act and the Surrogacy (Regulation) Act. Beyond legal hurdles, it considers societal tensions—cultural resistance, ethical dilemmas surrounding surrogacy, and potential psychological impacts on children raised in non-traditional families. This suggests that a rush toward marriage equality, without nuanced adaptation, could strain India’s social fabric. Drawing from Western experiences and offering alternative solutions like civil unions, the article advocates for a measured approach that honors both individual freedoms and collective values.