FROM MARGINS TO MAINSTREAM: THE STRUGGLE FOR LGBTQ+ RIGHTS

AUTHORS – MS. TWINKLE HUSSAIN* & MR. ASHISH**, ASSISTANT PROFESSOR* & ASSISTANT DEAN** AT DEPARTMENT OF LAW, ASIAN LAW COLLEGE, ASIAN EDUCATION GROUP, NOIDA SEC. 125, INDIA.

BEST CITATION – MS. TWINKLE HUSSAIN & MR. ASHISH, FROM MARGINS TO MAINSTREAM: THE STRUGGLE FOR LGBTQ+ RIGHTS, ILE INTERNATIONAL LAW REVIEW, 2 (1) OF 2024, PG. 45-54, APIS – 3920 – 0021 | ISSN – 2583-8172.

Abstract

The right to human dignity has been recognized under all conventions related to human rights across the world. In India as well, the Constitution of India, has guaranteed the right to meaningful existence with dignity to all human beings without any discrimination. The right to individual autonomy and the right to a meaningful existence are two sides of the same coin without which human dignity becomes devoid of any substance. But are these attributes of human dignity attainable without the right to enter into a marriage? Would it possible to truly achieve the lofty ideals of freedom and equality without permitting certain sections of the human population from forging bonds of family?

The apex court of India has also grappled with these questions and finally decided that it would refrain from interfering in the legislative domain and that the right to marry cannot be considered to be fundamental in nature. However, when we consider the principles derived from other judgments of the apex court along with the international consensus which is being developed in contemporary times, we would arrive at a different conclusion. This paper aims to go beyond the analysis of the apex court of India upon this issue and explore the evolving notions about human dignity with reference to the right to marry. Do we conform to the societal constructs formed by our biological roots or are we free to choose our own routes? Such controversies will be addressed within the framework of this research.

Key Words and Phrases: Human Dignity, Individual Autonomy, Right to Marriage, Fundamental Rights, Discrimination.