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India’s Constitution is prepared for gay wedding. Are India’s society and courts?

The current judgement decriminalizing abnormal sex had been based to a big level on the autonomous right of a person to decide on her very own partner, aside from sex. In a fascinating passage, Chief Justice Dipak Misra talking for himself and Justice Khanwilkar said that ‘There are without doubt that a person has also a right up to a union under Article 21 associated with the Constitution. Once we state union, we usually do not suggest the union of wedding, though wedding is really a union. As a notion, union does mean companionship in most feeling of the term, be it real, psychological, intimate or psychological. The LGBT community is looking for realisation of its basic directly to companionship, provided that such a companionship is consensual, free of the vice of deceit, force, coercion and will not bring about violation for the fundamental rights of other people.’

The line ‘When we state union, we usually do not suggest the union of marriage, though wedding is a union’ is very interesting. At very first blush, the Chief Justice appears to claim that Article 21 will not confer the right to gay wedding, only a union. However if union includes top article marriage, just how can the best to marriage perhaps be excluded through the fundamental straight to life? The principle Justice noted that ‘even wedding had not been equated to procreation’ and hence, non-procreative sex could never be contrary to the purchase of nature.