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Saurabh Kirpal on the Constitutional Case for Marriage Equality in India

Ideas of India

CHAPTER

The Evolution of the Naaru Su Judgment

Shakti Vahini, Shafin Jahan and Nalsa are quite a departure from how we think about personal law in India. In all the three cases the question is rooted in individual choice over family or kin or community. So if this is the direction in which the court has been going for say the last 10 years because Nalsa was 2014 then I think that for the LGBTQ community what we are really going towards is for non-heterosexual couples the rules are going to be rooted in individual choices. For heterosexual couples there's a slightly different default. At the moment we concede that the idea of marriage is based not solely on a religious construct but is based on the idea of

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