Upholding Dignity: A Case for the Right of Civil Union in India

Harshit Pathak and Vasujit Dubey, discuss the parameters laid down by the apex court while giving its verdict on marriage equality. The analysis explores the jurisprudence of dignity as derived from Article 21 of the Indian Constitution, arguing that the right to civil union is a logical extension of this constitutional principle. They examine the transformative ethos of the Indian Constitution, asserting that non-heterosexual couples are entitled to civil rights. Following this, they address the majority’s argument regarding the separation of powers. The article thoroughly reviews transnational jurisprudence on civil union rights and highlights its relevance. Additionally, it discusses the potential for establishing a parallel legal framework to support the LGBTQIA+ community. In conclusion, the authors argue that the right to civil union is inherent, stemming from the constitutional principles enshrined in Article 21 of the Indian Constitution.

CALJ Volume VIII Issue II_Harshit Pathak_Vasujit Dubey

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