LGBTIQA+ Rights and Indian Law: From Section 377 to Constitutional Protections – Gaps in Marriage, Inheritance, Property, and Insurance Laws

The legal landscape for the LGBTIQA+ community in India has undergone significant changes, particularly after the decriminalization of homosexuality with the reading down of Section 377 of the Indian Penal Code in 2018. While this was a historic step toward equality, numerous legal gaps persist in marriage, inheritance, property, and insurance rights. The Indian Constitution guarantees fundamental rights such as equality and non-discrimination; however, the lack of explicit legal recognition for same-sex marriages and civil unions denies LGBTIQA+ individuals’ crucial spousal benefits, including adoption and medical decision-making rights. Similarly, inheritance and property laws remain rooted in heteronormative structures, often excluding non-traditional families. Insurance policies and financial benefits are also largely inaccessible to LGBTIQA+ individuals due to restrictive legal definitions of dependents and beneficiaries. Despite progressive judicial pronouncements, legislative action remains slow, leaving many in legal limbo. This paper explores the evolution of LGBTIQA+ rights in India, the constitutional framework, and the existing legal voids that hinder equal access to marriage, inheritance, property, and insurance benefits. It also highlights the urgent need for comprehensive reforms to ensure the full legal inclusion of the LGBTIQA+ community.