EXPLORING LGBTQ+ FAMILY RIGHTS IN INDIA

ABSTRACT This essay explores the challenges faced by LGBTQ+ individuals within India's family law frameworks, emphasizing deficiencies in legal recognition and protection of familial rights. Within the broader context of Human Rights and Social Justice, the research highlights systemic inequities and the lack of legal acknowledgment that perpetuate significant injustices. By analysing cases and underlying legal principles, the essay exposes specific instances of exclusion and their legal implications. It scrutinizes judicial rulings that reveal systemic biases, such as Justice Pankaj Jain's remarks on same-sex couples and the Supreme Court's stance against same-sex unions, illustrating ingrained prejudices and legal disparities. A notable case from Kerala highlights how legal obstacles hinder LGBTQ+ partners from making end-of-life decisions and arranging funerals, underscoring the repercussions of non-recognition. Central to the discussion is the recognition of family as a fundamental human right essential for individual well-being. Denying this right to LGBTQ+ individuals contravene principles of equality and justice, highlighting emerging trends and contemporary legal issues. This study aims to enhance understanding of the hurdles LGBTQ+ individuals face in achieving legal acknowledgment and protection for their families in India, thereby contributing to the evolving discourse on family law and social justice. Keywords- Human Rights, Social Justice, LGBTQ+, Equality, Systemic Inequities etc.