Queering the Law: Looking Beyond Supriyo

INTRODUCTION

The case of Supriyo v. Union of India is a landmark legal proceeding central to the discourse on equality in India. It is fundamentally concerned with the future of LGBTQIA+ rights within the nation. The case was initiated by members of the queer community who brought a writ petition before the Supreme Court under Article 32 of the Constitution of India, seeking the enforcement of their fundamental rights. They sought not only the legal recognition of marriage for same-sex couples by challenging existing statutes; but also a range of directions to the government and police to protect them from discrimination, harassment, and violence, and to secure benefits associated with unions, such as adoption, financial entitlements, and healthcare decisions. This legal battle represents a critical juncture in the ongoing journey towards securing comprehensive rights and recognition of the LGBTQIA+ community.

AIM OF THE EVENT

The primary aim of the guest lecture, “Queering the law: looking beyond Supriyo,” is to facilitate a nuanced discussion on the future of LGBTQIA+ rights in India following the Supreme Court’s landmark judgment in Supriyo v. Union of India. While the verdict disappointed many, by unanimously holding that there is no fundamental right to marry under the Constitution, and ruling against a right to civil unions via a 3:2 majority, the judgment is not the end of the conversation.

This event seeks to move beyond the headline verdict to critically analyse the significant acknowledgements and directives within the ruling. The lecture will explore the court’s recognition of systemic discrimination against the queer community and the possibility of a entering into a “union,” distinct from marriage. Furthermore, it will delve into the concrete, positive directions issued by the court, such as those for police sensitisation, the creation of safe houses, and a ban on conversion therapy.

A key focus will be the path forward. The discussion will scrutinise the role of the high-powered committee proposed by the government to examine entitlements for queer couples and consider whether this is an adequate substitute for full legal recognition. Ultimately, the event aims to foster a strategic dialogue on the future of this movement, looking towards legislative reform and further advocacy in the wake of the Supriyo decision.

ABOUT OUR GUEST LECTURER

The lecture will be delivered by Ms. Jwalika Balaji, a Research Fellow in the Research Director’s Office at the Vidhi Centre for Legal Policy, Delhi. She holds a Bachelor of Civil Law (LLM-equivalent) degree from the University of Oxford and a BA. LL.B. (Hons) from the National Law School of India University, Bangalore. Her areas of interest include family law, equality and anti-discrimination law, and human rights, with a special emphasis on gender and sexuality. She is on the Board of Directors at OutLawed India, a not-for-profit organisation working to improve access to law and justice. At Vidhi, she has been providing legislative drafting assistance to various Ministries, Departments, and Authorities of the Central Government and various State Governments. She has worked closely on Vidhi’s brief on the subject of the guest lecture and helped in the release of the final consultation papers and chapters, collaborating with the Keshav Suri Foundation.

OVERVIEW OF THE INSTITUTION

National Law University Odisha, Cuttack was established by Act 4 of 2008 by the Odisha State Legislature keeping in mind an enunciated vision of advancement of learning, teaching, research, diffusion of knowledge in the field of law and catering to the needs of society by developing the professional skills of those intending to take up the professions of Advocacy, Judicial Services, Legal services, and so on. National Law University, Odisha is committed to providing an atmosphere in which academic excellence is the foremost priority for students. Along the lines of this vision, NLUO has significantly catered to the needs of the research in various legal fields by paving way for various dedicated research centres and societies.