The Court’s ‘no fundamental right to marry’ is wrong

Context:

The Supreme Court of India’s view with respect to same sex persons, that there is no fundamental right to marry, is incorrect.

The Court's Ruling on Marriage Rights

• Fundamental Right to Marry: Recent Supreme Court ruling denies fundamental right, particularly impacting same-sex individuals, provoking critique for potential infringement.
• Protection from Harassment: Despite limitations, Court mandates protection for same-sex couples, issues guidelines, forming a committee for resolution. Reflects nuanced approach towards LGBTQI rights.
• Need for Correction: Court's safeguarding measures commendable, yet denying marriage right requires rectification. Disregards India's commitment to Universal Declaration of Human Rights.

Marriage Rights

• Section 377 and Struggles: Landmark cases from Naz Foundation to Navtej Singh Johar illustrate LGBTQI rights progression, highlighting ongoing challenges.
• Transgender Rights and NALSA: Pre-Navtej Johar, NALSA acknowledged self-identification of gender, leading to Transgender Persons Act, addressing recognition and protection.
• Marriage's Significance: Beyond legalities, marriage bestows inheritance, decision-making authority, and societal legitimacy. Denying this reinforces stigmatization and inequality for same-sex couples.

Unintended Consequences

• Transgender Marriages and Contradictions: Recognition underscores nuanced gender identity understanding, but contradicts limiting marriage rights based on biological sexes.
• Impact on LGBTQI Communities: Denial not only discriminates but reinforces the notion of unfitness for marriage, perpetuating second-class status, affecting societal standing.
• Role of International Jurisprudence: Incorporating U.S. jurisprudence in Supriyo Chakraborty, yet dismissing foreign legal principles in marriage matters requires reassessment.