Right to choose a partner

The Court reaffirmed that queer individuals have the fundamental right to choose their partners, free from state interference, under Articles 19 and 21.

2. Protection from Discrimination

Discrimination based on sexual orientation is unconstitutional.
This strengthens challenges against:

  • Workplace discrimination
  • Housing denial
  • Harassment
  • Exclusion from public services

3. High-Level Government Committee for Queer Rights

The Court directed the Union Government to form a high-powered committee (headed by the Cabinet Secretary) to examine rights and entitlements of queer couples, including:

  • Hospital visitation
  • Joint bank accounts
  • Life insurance nomination
  • Pension and gratuity benefits
  • Ration cards and housing rights
  • Protection from domestic violence laws
  • Adoption regulations (review recommended)

What This Means Practically for LGBTQ+ Couples

While marriage equality was deferred, the judgment lays the foundation for a civil rights framework for queer partnerships—an important step toward future legal recognition.

  • The ruling strengthens:
  • Legal remedies
  • Constitutional protections
  • Administrative relief
  • Policy-level reforms

Conclusion: A Step Forward in the Long Journey of Equality

The Supreme Court has recognized the dignity, autonomy, and equality of queer individuals. Though the battle for marriage equality continues, this judgment is a significant milestone in the evolution of LGBTQ+ rights in India.

If you or your organization need legal assistance regarding discrimination, civil rights, or constitutional remedies, Justicelawpartner is here to help.

— Binay Kumar
Advocate, Supreme Court of India
Justicelawpartner

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